Hey there! Sign in to join this conversationNew here? Join for free to post

tort law help

Announcements Posted on
Four hours left to win £100 of Amazon vouchers!! Don't miss out! Take our short survey to enter 24-10-2016
    • Thread Starter

    1. In November 2015 Heatwave Ltd contracted with Mandy to install a central heating system in her home. The contract price is £1,000 for the boiler and £200 for each of the 10 radiators to be installed. The central heating system is to be ready for her New Year’s Eve party on 31st December 2015.

    On 25th December 2015 the central heating is fully installed but one of the radiators is faulty so the system cannot be activated. Heatwave say that they will fix the fault shortly but Mandy must first pay for the boiler and the 9 radiators that are not faulty. Mandy refuses to pay until the central heating system is working.

    Advise Mandy;


    How would your advice differ if on 1st December 2015, Heatwave informed Mandy that they could not complete the contract by 31st December 2015 and, in reply, Mandy said that this was acceptable because she had decided to go somewhere warm over the New Year holiday instead of holding a party?
    • Thread Starter

    Any help would be appreciated. From my understanding I would talk about whether the obligations are entire or there is a claim of substantial performance. But I'm stuck with anything beyond that for part a.

    As for part b, I would mention it was a waiver and explain that courts may treat them as suspensory so Mandy will be able to make time of the essence in the future.

    Any other major things I'm missing out? Thanks
Write a reply…


Submit reply


Thanks for posting! You just need to create an account in order to submit the post
  1. this can't be left blank
    that username has been taken, please choose another Forgotten your password?
  2. this can't be left blank
    this email is already registered. Forgotten your password?
  3. this can't be left blank

    6 characters or longer with both numbers and letters is safer

  4. this can't be left empty
    your full birthday is required
  1. Oops, you need to agree to our Ts&Cs to register
  2. Slide to join now Processing…

Updated: April 22, 2016
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

What do you wear to bed?

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.