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Contract, Tort and Restitution 2012-2013

Book Information

Book Cover

Contract, Tort and Restitution Statutes 2012-2013

4th Edition

Author: James Devenney, Howard Johnson

Publication date: 14th August 2012

Purchasing Options:

How to use this Book

  • Familiarise yourself with your statute book. The multiple indexes in this statute book will assist you in so doing.
  • Read relevant provisions carefully and remember that sometimes provisions are capable of more than one interpretation.
  • Note the territorial extent of the provision and ascertain any limitations on the use of the provision in question (see, for example, Contracts (Rights of Third Parties) Act 1999, s 10(2)).
  • Ascertain whether the legislation has a section(s) or regulation(s) devoted to interpretation (see, for example, Sale of Goods Act 1979, s 61). If so, consult it.
  • Ascertain how the provision in question links together with other provisions (for example, if you were examining Regulation 5 of the Unfair Terms in Consumer Contracts Regulations you would also need to refer to Regulations 4, 8, etc).
  • Remember that case law can be vitally important in understanding a particular piece of legislation. More specifically —
  • A piece of legislation may build upon existing case law.
  • Case law might assist with interpreting a particular word, phrase or concept employed in a piece of legislation (for example, the test of reasonableness under the Unfair Contract Terms Act 1977).
  • Case law might provide guidance on how a particular provision is to operate (for example, the test for an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 — see Director General of Fair Trading v First National Bank plc [2001] UKHL 52).
  • Case law might seek to resolve an ambiguity in a particular provision.
  • Case law might adopt a controversial interpretation of a particular provision (see, for example, Royscott Trust v Rogerson [1991] 2 QB 297 under the Misrepresentation Act 1967).
  • Case law might adopt an expansive interpretation of a particular provision (see, for example, Barclays Bank plc v Kufner [2008] EWHC 2319 (Comm) under the Unfair Terms in Consumer Contracts Regulations 1999).
  • Case law might adopt a narrow interpretation of a particular provision (see, for example, Worcester Works Finance Ltd v Cooden [1972] 1 QB 210 in relation to the phrase “or is in possession” in s 8 of the Factors Act 1889 / s 24 of the Sale of Goods Act 1979).
  • Case law might put a ‘gloss’ on a particular provision (see, for example, Newtons of Wembley Ltd v Williams [1965] 1 QB 560 in relation to s 9 of the Factors Act 1889 / s 25 of the Sale of Goods Act 1979).

Quizzes

Consumer Protection

Contract

Limitation

Misrepresentation

Privity

Unfair Contract Terms

Damages

Electronic Commerce

Negligence

Restitution

Supply of Goods and Services

Tort

Defemation

Harassment

Limitation (Tort)

Occupiers Liability

Product Liability & Product Safety

Vicarious Liability

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Interpreting Statutes

Scenario 1

Alfred is considering opening a shop which sells confectionary. He is aware that the Sale of Goods Act 1979 implies terms relating to the quality of the goods supplied into particular contracts of sale of goods. Alfred wishes to know whether or not he is able to exclude liability for breach of such implied terms and he seeks your advice.

+ Show Answer

Scenario 2

Last week Betty decided to acquire a new plasma-screen television set. She wanted to acquire a particular model as the manufacturer of that model had been claiming that this model had the ‘clearest picture available’. Accordingly she visited her local television set retailer (X Ltd). The television set which Betty wished to acquire was more expensive than she had anticipated and so Betty agreed to acquire it from X Ltd on hire-purchase. After taking the television set home, Betty discovered a number of scratches on it and the picture is somewhat blurred. Betty seeks your advice.

+ Show Answer

Scenario 3

Last week Carl, an amateur DIY enthusiast, visited his local DIY store. He wanted to hire an electric drill suitable for some precision drilling in his loft. He explained this to one of the customer assistants in the DIY store. The customer assistant showed Carl a particular drill and, after examining it, Carl agreed to hire it. However when Carl attempted to use the drill in his loft, he soon discovered that it was not suitable for the job he wished to carry out. In fact, the drill caused some damage to the pipes in Carl's loft. Carl wishes to know whether or not he can argue that the DIY store is liable for this damage.

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Scenario 4

Tom buys an electric drill from Pengarth Electricals, in Cardiff, who have subsequently gone out of business and were uninsured against losses. One day while using it to drill holes in a piece of wood he was using to construct a garden shed he is severely injured by a severe electric shock caused by faulty wiring. The drill is manufactured by Electro (UK) plc. He contacts them and they inform him that his only remedy is against the retailer under the Sale of Goods Act 1979.

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Scenario 5

Alex is the manager of a Championship football side. His side has just been comprehensively beaten 5-0 by the league leaders. The referee, Howard had awarded to controversial penalties to winners. In a post-match television interview Alex says that in his view the referee was clearly favourable to the league leaders and was influenced by the fact that he came from a small village on the outskirts of the City where the league leaders were based. The referee is outraged and has issued a claim for defamation claiming that these remarks suggested he was biased and cast doubt on his professional integrity. Alex realises he has gone too far and seeks your advice on a rapid way of extricating himself from expensive legal proceedings.

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Scenario 6

Anthony is celebrating his fifth birthday and his parents decide to invite a his class mates from the local primary school to a birthday celebration to be held in a marquee in their extensive back garden. Oliva while walking up the drive with her parents trips and falls and breaks her ankle in a complex fracture which requires too operations and an inserted pin to mend. This is caused by a loose paving stone. Anthony's father and owner of the house has recently been involved a DIY restoration of the drive up to the front door, He has had no previous experience of paving drives.

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Useful Websites

  1. Ministry of Justice - http://www.justice.gov.uk
    The Ministry of Justice headed by the Secretary of State for Justice and Lord Chancellor, currently Kenneth Clarke QC, MP has overall responsibility for law reform in the Government and is a useful site for looking at law reform consultation documents and press releases relating to law reform – an example is the recent consultation paper on the rule in libel law that each separate publication constitutes a fresh cause of action which can of course cause major problems in relation to such things as newspaper web archives – see http://www.justice.gov.uk/consultations/defamation-internet-consultation-paper.htm
  2. Association of Personal Injury Lawyers - http://www.apil.org.uk
    A campaigning body seeking to enhance and improve the law of personal injuries (particularly the law of negligence and the damages for personal injury) from the point of view of claimants – useful source of information in relation to current campaigns and issues causing discontent in this area of tort law.