Liability in contract compared with liability in tort

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Reference no: EM132183046

Plagirism is Prohibited

Course Legal Aspect of Contract

Brian is given, by his brother Paul, a new ‘Quality at Home’ brand slow cooker from Best Goods Ltd. Brian uses it for the first time without any problems. The second time he uses the slow cooker, he puts it on as per the manufacturer’s instructions and leaves his home to visit a friend. When he returns, the slow cooker is on fire, which destroys the slow cooker, some kitchen utensils and the kitchen units. The fire also badly damages the computer he uses for his business and his flat screen television (worth over £600) both of which had been on the kitchen units. The kitchen will need redecorating due to the smoke damage from the fire.

Advise Brian whether he can bring an action and what he can claim for:

(1) in contract, and /or

(2) in the Tort of Negligence, and/or

(3) under the Consumer Protection Act 1987.

A. Can Brian bring a claim based on contract? Explain liability in contract compared with liability in tort.

B. What must Brian prove if he brings a claim based on the tort of Negligence?

C. What must Brian prove to be successful in a claim based on the Consumer Protection Act 1987?

D. What are the possible remedies available to Brian?

E. Would the manufacturer have any defences?

Reference no: EM132183046

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