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Commercial Law: Sale of Goods - University of Wolverhampton

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* Rasbora v JCL Marine Ltd [1977] 2 Lloyd’s Rep 645* Stag Line Ltd v Tyne Ship Repair Group Ltd, The Zinnia [1984] 2 Lloyd’s Rep 211Wormell v RHM Agricultural (East) Ltd [1987] 1 WLR 1091UCTA 1977: esp ss1(3), 6, 7, 11, 12, 13, 14 and Sch IIThe Unfair Terms in Consumer Contracts Regulations 1999The <strong>Sale</strong> and Supply <strong>of</strong> <strong>Goods</strong> to Consumers Regulations 2002: s14LIABILITY OF MANUFACTURER/IMPORTERAswan Engineering Establishment Co v Lupdine Ltd [1987] 1 WLR 1Warwickshire County Council v Johnson [1993] 2 WLR 1Consumer Protection Act 1987Note: s10(3)(b)(ii) is repealed by the General Product SafetyRegulations 1994 (SI 1994/2328) implementing EC Directive EC 92/59 as from 3 October 1994.Cases marked with an * can be found in your Textbook; all other casescan be found in your 150 Leading Cases.Self-Study Questions1 What is a ‘consumer’ for the purposes <strong>of</strong> the Unfair Contract TermsAct 1977? What is the significance <strong>of</strong> a contract being categorised as aconsumer dealing? How does s14 <strong>of</strong> the <strong>Sale</strong> and Supply <strong>of</strong> <strong>Goods</strong> to Consumers Regulations2002 affect the definition <strong>of</strong> ‘dealing as a consumer’?2 What is the relationship between the Unfair Contract Terms Act 1977 and the Unfair Terms inConsumer Contract Regulations 1999?3 Does the doctrine <strong>of</strong> fundamental breach apply to sale <strong>of</strong> goods contracts?4 What is the importance <strong>of</strong> the Consumer Protection Act 1987?5 Is it possible for a seller or manufacturer to exclude or limit liability under Part I <strong>of</strong> the CPA1987?

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