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 Explain whether Andy can claim damages from Hazelwood Ltd in respect of: 

(i) The damage to his car

 (ii) The injury to his leg 

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28

【论述题】

 State the purposes of awarding damages for breach of contract 

State the duty to mitigate losses

State the level of damages Az Ltd can claim for breach of contract 

Which of the following statements concerning the Unfair Contract Terms Act 1977 is correct? 

A

 The Act only applies to business-to-business contracts 

B

 The Act does not apply to terms that have been individually negotiated 

C

 The Act applies to contracts regarding a transfer of an interest in land 

D

 The Act automatically voids all clauses that restrict liability for loss or damage due to negligence 

Which of the following may imply terms into contracts? 

A

 Statute 

B

 Third parties 

C

 The parties to the contract 

 Breach of which of the following terms does NOT allow the possibility of the aggrieved party terminating the contract?

A

 A condition 

B

 A warranty 

C

 An innominate term 

 Under the Act, terms which are void include those which restrict the consumer’s legal rights and those which allow the business to unilaterally change the terms of the contract. A consumer may enforce a term which is deemed unfair. 

A

 A term that restricts a consumer’s legal rights is void 

B

 A term that allows the business to unilaterally alter the terms of the contract is void 

C

 A term that is deemed unfair cannot be enforced by the consumer 

 Which of the following contracts will the Consumer Rights Act 2015 apply to? 

A

 The supply of commercial goods from one business to another 

B

 A contract made in relation to family law 

C

 A mobile phone contract from a telecommunications company to a private individual 

D

 An employment contract 

A (1) ___________is a vital term, going to the root of the contract, breach of which entitles the injured party to treat the contract as (2)___________ and claim (3) ___________ . A (4) ___________ is a term (5)___________ to the main purpose of the contract. The consequence of a term being classified as innominate is that the court must decide what is the actual effect of its (6) ___________ .