Commercial Law Assignment

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Remoteness is created to know the limit on a cause of action to know that the liability to pay for damages is fairly priced on the other party which is known as “reasonable foreseeability”

Contributory Negligence is a defense that can only be used when the injury was partly caused by the plaintiff”s own mistake. In case of Sayers v Harlow UDC (1958) A 36 year old woman used a toilet and got trapped inside the cubicle which had no door handle. She tried to climb out the cubicle by stepping on the toilet bowl and on the toilet roll holder which made her fall and injured herself. The court held that injuries caused were by the mistake she did in attempting to get herself out the cubicle but the damages would be reduced to 25% has the claimant was careless.

Application of law, The hotel did not show duty of care to customers by not having a good conditioned toilet cubical doors which are harmful for customers. Which caused the hotel to breach the duty of care. But Elena did a mistake on her own risk by trying to climb out the toilet which caused her more injuries which is partly her own damage.

To conclude, Elena can hold the hotel for damages as they breach the duty of care which was harmful for her but it would be 25% only as she was careless and she took her own risk on attempting to climb out the toilet cubicle. which is contributory negligence partly to be blamed for own injury.

Issue,Can Ms. Elena cancel the contract with the electronic shop and recover her money?

Rule of Law, The Sale of Good Act (SGA) is a law in Singapore governed by (SGA) This act is valid for contracts for (SGA) but not valid for contracts like hire-purchases.Contract for the (SGA) has 4 factors and they are Formalities, Capacity, The Price and The goods.

There are terms in a contract. Breach of terms will cause termination of the contract. Section 13, 14(2) and 14(3) of implied terms are very important. Section 13 which is Correspondence with Description where goods sold should match the description of the product.In case Beale V Taylor (1967) the car bought was a car which was put together from different car parts which was not what the buyer wanted to purchase and the contract for the sale was canceled.

Section 14(2) is Satisfactory Quality when there is general satisfaction of the goods in terms of the fitness for the purpose of the goods bought.Section 14(3) is Fitness for purpose when goods are fit for the usual purpose. In case of Frost v. Aylsubury Dairy Co Ltd (1905) plaintiff bought milk from the dairy company for consuming it. Then it was discovered that the milk was contaminated with typhoid germs. Plaintiff’s wife died cause of the milk. The court held the purpose of the buying the milk is obvious that it is for consuming.

Consumer Protection (Fair Trading) Act under this act chapter 52A a person who entered a contract with an unfair practice can bring legal actions on the supplier. Unfair practice can be mislead or deceiving a customers decision, to make a false claim and to capitalize on a consumer if the supplier kens or ought plausibly to ken that the consumer is not in a state to forfend his own intrigues or is not plausibly able to understand the character, nature, language or effect of the transaction

Applications of the Law, According to the implied terms in (SGA) section 13, 14(2) and 14(3). Goods which breach this implied terms are held liable. The salesman was aware that Ms. Elena was not a technically proficient person which he took advantage of Ms. Elena by convincing her to buy an older version of a laptop and a software. She was overly charged also. Under the Consumer Protection (Fair Trading) Act a Elena was deceive and misleded for her decisions.

Conclusion: Ms. Elena can cancel the contract with the electronic shop. According to the implied terms 13, 14(2) and 14(3). Also under the Consumer Protection (Fair trading) Act. Ms. Elena can recover her money as her right for a consumer is validated.