Onsumer law Problem questionAdvise the parties as to their rights and remedies
Jonathon, the managing director of Stubbley ltd, decides that he wants a car for his own personal use. He gets the company to purchase it from Harrys Motor ltd. The car is a brand new BMW sports model which costs A?51,000. The contract contains the following clause:-
a?The seller does not accept any responsibility for any warranty or condition whether express or implied as to the description, quality or fitness for any particular purpose for which the goods are supplieda?
After four weeks Jonathon, discovers that the car has a slight problem when braking at high speed. The defect will cost A?500 to repair and independent experts say that this would completely rectify the problem. Additionally there are a number of minor cosmetic defects with the paintwork. Jonathon wants to reject the car.
Stubbley ltd, who are a company specialising in chemical research, had bought a similar car for Jonathon two years ago. Stubbley ltd sell this car to Pete for A?25,000. Two weeks after purchase, Pete discovers a number of mechanical faults, which will cost A?300 to repair.
Jane buys a caravan from Penworth Mobile ltd for A?20,000. She pays a deposit of A?5,000 and the balance is financed by a personal loan from Dodge credit plc, who has frequently supplied credit to customers at Penworth Mobile. Jane, after a week discovers a problem with the axle on the caravan. She accepts a repair from Penworth Mobile which rectifies the problem.
Two months later Jane takes the caravan to Germany on a family holiday. Jane who has two children aged 10 and 12. During the holiday Stewie, the 10yr old, falls out of one of the bunk beds onto the floor. One of the fixed supports seemingly gives way which caused the bed to collapse. Stewie is taken to hospital with a broken arm and is kept in overnight. Jane and her family return home early from their holiday.
During the holiday, Jane buys a new dress for 240 euros with her credit card (A?1 1.2euros) from a specialist clothes shop in Germany. On her return home, Jane discovers that the dress has numerous defects.
Advise the parties as to their rights and remedies
This is a consumer law problem question not essay, so would like it to be well structured i.e. take each scenario individually and apply the correct law for example the relevant parts of sales of goods act where they apply and if any other statute applies to a scenario please could you apply it, furthermore i would like you to mention any relevant case law if it can be applicable to a scenario, i.e. outline the decidendi of the case and how it can be applied to the problem question. i would like it if you would also include footnotes for every source which is used. any questions please do not hesitate to ask. p.s. would like it if a qualified law graduate or teacher or someone in a similar field writes the paper and not someone who has an awareness of the topic in brief thanks