[chlorine]

Hey i was given this question for my seminar next week and i have no idea how to structure and answer it! any help will be useful!

On Monday, Marion, a dancer, went to her local electrical store (Practical Electricals Ltd) in order to buy a new washing machine and a steam iron. She explained to the sales assistant that she needed these appliances to wash and iron her dance costumes which were very delicate and which had sequins and beads embroidered on them.

The sales assistant assured her that the “Dolphin” brand washing machine and iron would be suitable for the job. Although they were very expensive, Marion decided to buy both. After she paid cash for her purchases, she was handed a receipt. The next day the washing machine and iron were delivered to her house. The washing machine was installed by the delivery man who handed her a standard form document and said that the sales assistant had forgotten to give it to her in the shop the previous day. The document contained the following provisions which were printed in very small letters:

(i) Practical Electricals Ltd accepts no liability for any damage or injury howsoever caused to customers while using their products;
(ii) Practical Electricals Ltd excludes any statutory obligations implied into this contract.

After Marion washes some of her dance costumes in the washing machine, they come out badly ripped. Marion has discovered that there was a defect in the washing machine which causes the “delicate spin cycle” to work defectively.

When Marion uses her new iron to press her other dance costumes, she suffers an electric shock because the iron was not properly earthed. As Dolphin products are imported from Japan, Practical Electricals Ltd should have ensured that electrical appliances are properly earthed before selling them.

Advise Marion as to whether Practical Electricals can rely on the two exclusion clauses.

[TimmonaPortella]

Someone needs to write an FAQ for this page explaining the following:

if you don't show that you've put some sort of effort in, no-one's going to help you. People on here don't appreciate the wholesale delegation of work to the forum.

[ktwolves]

1. The sales assistant assured her that the “Dolphin” brand washing machine and iron would be suitable for the job.
- Mere Representation or Terms?

2. she was handed a receipt. ..delivery man who handed her a standard form document, -
What are the effects of these facts?

3. printed in very small letters:
What is the effect of this?

4. (i) Practical Electricals Ltd accepts no liability for any damage or injury howsoever caused to customers while using their products;
(ii) Practical Electricals Ltd excludes any statutory obligations implied into this contract. whether Practical Electricals can rely on the two exclusion clauses.
Yes or not, based on 1 to 3. If yes, are they enforceable?

[Forum User]

Timmona is completely right but I'm feeling generous this morning so here's a structure that you can use for your answer. If you're still stuck post what you have done thus far, the question isn't particularly difficult.

1) Identify the parties (especially whether they are businesses/consumer for exemption clause purpose)
2) Identify the type of contract - i.e. is it one to which some act applies?
3) Identify the terms - express or implied by statute
4) What type of terms are they - conditions/warranties/innominate
5) Has there been a breach?
6) Has any exemption clause been incorporated into the contract - signature/course of dealing/reasonable notice
7) Does the exemption clause covers the breach(es) that have occurred (remember the various rules of construction).
8) Does UCTA apply to the clause?
9) Does UCTTR apply to the clause?
10) Some kind of conclusion since you need to advise Marion

[ktwolves]

Avoid expansive discussion, writing all you know about the topic.