What Remedies Hilda Has Against Serious Suckers Ltd ( Ssl )

1665 WordsAug 26, 20167 Pages
In this essay, it is required to discuss what remedies Hilda has against Serious Suckers Ltd(SSL). This scenario is about performance, therefore, breach, loss, causation, remote and remedy of each party will be discussed. In order to discuss, these statutes and cases will be applied to this scenario. (1) The Sale of Goods Act 1979 (2) The Sale of Goods Act 1979 (3) Supply of Goods & Services Act 1982 (1) Bunge Corp v Tradax Export SA [1981] 1 WLR 711-condition (2) Hadley v Baxendale [1854] EWHC J70-remoteness (3) Ms Chaplin v Hicks [1911] 2 KB 786 -expectation loss (4) Anglia Television v Reed [1971] 3WLR 528-reliance loss First of all, the term between Hilda and SSL is breached. In this scenario, the obvious term is not expressed, but term can be seen as implied term by statute. First, regarding to implied term by statute, according to the Sale of Goods Act 1979 (SOGA) s13, ‘where a supplier (of a service) is acting in the course of a business, they will carry out service with reasonable care and skill’. In addition, s14(2) SOGA mentions that ‘where the goods are sold in the course of business, they will be of satisfactory quality’. In order to decide whether or not the contract is breached, it is required to examine if there is either condition, warranty or innominate term. Condition came from Bunge Corp v Tradax Export SA [1981] 1 WLR 711. The HL held that the sellers’ obligation to ship the produce before the end of the month was a condition, so the buyers could

More about What Remedies Hilda Has Against Serious Suckers Ltd ( Ssl )

Open Document