Common Law 2 Essay Example | Topics and Well Written Essays - 2500 words

Common Law 2 - Essay ExampleAnother relevant aspect is regarding preparation of goods and service in that there is an implied article in the Sale of goods and services that the products or services sold are of satisfactory quality and shall be suitable for the purpose for which it has been purchased. Besides, in this case it is believed that the buyer, Abigail, had relied on the skill and knowledge of the seller, Cable Fast, but ultimately, the services could not meet the needs of the buyer. Further, she had also informed Cablefast that she actually needed superfast broadband because she was a image buff and a busy film critic, and yet there has been lowered degree of service provision by the internet service provider, Cable Fast.Further, in this case, it is important to note that Cable Fast owes the buyer, Abigail, a duty of care. In the 1964 landmark case of Hedley Byrne & Co Ltd v Heller & Partners Ltd 1964 AC 465, this issue arouse, oddly under circumstances under which one par ty placed trust and reliance on the pronouncements and actions of another. Although the swear had categorically disclaimed their responsibility in providing credential opinions, yet, the duty of care aspect was evident. In deciding this case, the examine observed, I consider that it follows and that it should now be regarded as settled that if someone possessed of a finical skill undertakes, quite irrespective of contract, to apply that skill for the assistance of another person who relies upon such skill, a duty of care will arise. The fact that the service is to be given by means of or by the instrumentality of words can make no difference. (Hedley Byrne & Co Ltd v Heller & Partners Ltd Judgment, 1964).Thus, the surplus payment may not be enforceable, at the option of the buyer. In the case of exclusion clauses in contracts, it is necessary that contracting parties are