The questions to be answered according to Laws in the UK Law system.
Please read the following case study and answer the Questions set out at the end
Jag was going to have a barbeque party in his garden to celebrate his 4oth birthday. He
discovered the gas barbeque needed more gas so he phoned the usual supplier, Ed, who
said he would deliver two bottles ‘on the usual terms’ as he has just a delivery from the
manufacturer. These ’usual terms’ include at delivery Jag signing a sales form which has
printed on it in large letters,
your bottled gas supplier is not responsible for any loss or damage caused by any
Unfortunately, one of the gas bottles had a leak in it and when Jag lit the barbeque some
leaking gas ignited shooting flames on to the garden shed causing it to catch fire and
explode. Additionally, Jag’s cousin, Sabba, who was standing very close to the barbeque
smoking cigarette, suffered severe burns to her upper body.
After the accident, Jag decided to sell his Range Rover. On 12 September whilst at a business
conference he met Zaffa and offered to sell it to him for £25,000. Zaffa said he would think
about it and get back to him. Two weeks later on 26 September Zaffa made up his mind
that he did want the Range Rover so phoned Jag that day. He could not speak to him as Jag
was in a client meeting. Zaffa did not want to lose the car so left this message with Jag’s
happy to pay £25,000, deal done, call me back today’.
Two days later as Zaffa had not heard from Jag he sent him an email repeating what he had
told the assistant. Although the email arrived in Jag’s inbox, he mistook it for spam and so
without opening he just deleted it. On 30 September Jag sold the car to Samantha. Zaffa is
furious when he discovers what has happened.
ANSWER ALI. UESTIONS
0.1 Assuming the signed sales form is incorporated into the contract between Jag & Ed
for the sale of the two gas bottles advise Jag of its effects on his possible rights to
sue Ed for the loss of his garden shed.
Q.2 Advise Sabba of her rights (do NOT consider the Consumer Protection Act 1987)
0.3 Advise Zaffa of any contractual rights he may have against Jag.