thepurpleviolingirl's Life

Facts of the case: The plantiff offered a new machinery for the price of  £ 75,535.The delivery of the tools were set for 10 months. The conditions that orders only qualifies as accepted once the terms in the quotation were met and prevailed over any of the buyer's terms. The contract terms had included a price variation clause. The buyer responded with their own terms and conditions which do not include the 'price variation clause' listed in the plantiff's terms. This included a response section which required a signature and to be returned in order to accept the order. The sellers returned the response slip with a cover letter signalling the delivery would be in accordance with their original quotation . The tool was ready for delivery but the buyers could not accept delivery, for which the sellers increased the price which was in line with their initial terms. This was denied by the buyer and an action was brought by the seller to claim the cost of delay and intere...

Principle of pure economic loss Fact of the case: The claimants were the tenants/leaseholders in a block of flats. The flat suffered some structural defects ranging from cracks on the walls, slopping of floors and subsidence due to inadequate foundations which were 2ft 6ins deep instead of 3ft deep as required. The council was responsible for inspecting the foundation during the contruction of the flats.The claimants sued the Merton LBC instead of the builder as they saw the council having more financial resources in terms of paying out the damages. The claimants based their claim on two reasons: (a) the council's negligence in approving the plans of the properties (b) council's failure to inspect at the time of construction The claimants initial hearing failed as the action was only taken six years after the sales of flat. It was successfully appealed that action could only be taken when it was discovered. The claimants won the lawsuits as the House of Lords and ...

Before analyzing the principles of negligance, here's some simple definition to some legal words to make it easier to understand : 1.Negligance- action taked by the defendent that causes foreseeable danger or injury to another. 2.Duty of care- a moral or legal obligation to ensure the safety or well-being of others. 3.Precedent- an earlier event or action that is regarded as an example to be considered in subsequent similar circumstances. Fact of the case: Mrs Donoghue drank a bottle of ginger beer given by her friend. A decomposing remain of a snail was discovered inside the bottle. She fell ill and was diagonsed with gastroenterities. A legal action was then taken against Mr David Stevenson, the manufacturer of ginger beer. This case established the modern concept of negligance in the English Law. Principles: (important elements from this cas e) 1. Negligance - House of Lords affirmed that negligance is a tort. (Negligance was accepted as a separate tor...