Chapter 11Business and the law of tortAdvise Mr and Mrs Sharp of any causes of action
that may be available to them.3 Brenda runs a small guesthouse in Morecambe and
buys a new Cindy Microwave Oven from Electrical
Superstores Ltd, a thriving electrical warehouse
dealing in new and reconditioned goods. She pays
the price of £350 by using her credit card. At the
time of purchase, Brenda signs a form which
includes the following statement:
‘The seller shall be under no liability for any injury,
loss or damage whatsoever and howsoever caused.’
Brenda did not read the form before signing it, but
she did ask the sales assistant what it said. She is not
sure whether she was told that it was a receipt or
that it was a contract which included an exclusion
clause, but she says that she paid no attention to it
and signed it regardless of what she was told.
The microwave is delivered by Electrical
Superstores Ltd. After a few weeks’ use, Brenda
notices that there is a faint burning smell when the
microwave is in use. Nevertheless, she continues to
use it both for her guests and for family cooking.
One day her teenage student son, Roy, a talented
drummer in an up-and-coming rock band, puts a
ready-cooked meal in the microwave to warm up but
leaves the kitchen to answer a telephone call from
one of his friends. When he returns to the kitchen 20
minutes later, he discovers the microwave on fire and
the fire is spreading to some of the fitted kitchen
units. Roy tries to turn off the power to the
microwave at the socket but he receives a severe
electric shock and burns to his hands.
Roy spends a week in hospital recovering from his
injuries. His hands will be scarred for life and it is
unclear whether he will be able to drum at the top
level in the future. Brenda’s kitchen is gutted by the
fire and she has to close the guesthouse for six
weeks during the busy summer season. It will cost
£4,000 to repair the kitchen.
The fire officer’s report on the fire indicates that
the microwave was not new when purchased and
the cause of the fire was faulty wiring which probably
occurred when the microwave was reconditioned.
Electrical Superstores Ltd admits that the microwave
which Brenda bought was reconditioned, but a new
cleaner had inadvertently placed a ‘new model’ sign
on top of the appliance when she was cleaning the
warehouse.
Advise Brenda and Roy.357
http://www.dca.gov.uk/legist/compensation.htmThis
archive section of the former Department for Constitutional
Affairs’ website provides information about the
Compensation Act 2006 which contains provisions relating
to negligence and breach of statutory duty and regulates
claims management services. The Department for
Constitutional Affairs became part of the Ministry of
Justice from 9 May 2007.
http://www.defra.gov.uk/environment/noise/index.htm
The website of the Department of the Environment, Food
and Rural Affairs (DEFRA) provides guidance on how to
deal with noise and other forms of nuisance.Website references
Visit http://www.mylawchamber.co.uk/riches
to access selected answers to self-test questions in the
book to check how much you understand in this chapter.Use Case Navigatorto read in full some of the key cases
referenced in this chapter:
Abouzaid vMothercare (UK) Ltd.[2000] All ER (D) 2436.
White and others vChief Constable of the South Yorkshire Police
and others[1999] 1 All ER 1
Caparo Industries plc vDickman and others[1990] 1 All ER 568
Cambridge Water Co Ltd vEastern Counties Leather plc[1994] 1 All ER 53
Transco plc vStockport Metropolitan Borough Council[2004] 1 All Er 589
Tomlinson vCongleton Borough Council and another[2003] 3 All ER 1122CASEPOWERED BY