• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Smashed Car

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Further, and as Ostell suggested, if the disclaimer was presented to your friend after s/he purchased it (thus, after the formation of a contract) it is not a part of the contract as a matter of law - google ‘Olley v Marlborough Court Hotel’ if you wanted to brush up on the principles that seem to relate to your friends situation, and which ought to help in your letter.

    There are other legal grounds upon which a challenge might rest, but this principle seems, on the facts we so far know, the most obviously applicable.

    Comment


    • #17
      If your friend was acting as a consumer then he can unwind the contract whereby the business is required to refund the purchase price and the consumer is also entitled sue for damages per Consumer Protection from Unfair Trading Regulations 2008 as amended by Consumer Protection (Amendment) Regulations 2014.where the only defence is a due diligence defence i.e. despite taking all precautions the damage still occurred.



      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X