Answered: Justin is a carpenter and makes…

Principles Of Marketing

17th Edition

ISBN:9780134492513

Author:Kotler, Philip, Armstrong, Gary (gary M.)

Publisher:Kotler, Philip, Armstrong, Gary (gary M.)

Chapter1: Marketing: Creating Customer Value And Engagement

Section: Chapter Questions

Problem 1.1DQ

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Justin is a carpenter and makes furniture which he sells via the internet. He needs a new machine with steel attachments to speed up the drilling process for his work. He contacts Fixing and Building Machines Ltd who recommends a machine which they claim is more than 10 times quicker and stronger than his old machine. Justin goes into Fixing and Building Machines Ltd. Before paying for the machine, he sees a sign on the wall behind the counter that has the words “Important Information: READ BEFORE PURCHASE! Fixing and Building Machines Ltd accepts no liability.....” in bold, red print at the top. However, the sign is falling down from the wall and the rest of the words are obscured by a large plant. Had Justin been able to read the rest of the sign, he would have read “....for loss howsoever caused.” Justin signs a document, buys this machine and takes it with him. When he tried it he found it to be no quicker than his old one and the attachments broke. He also found that it started making loud grinding noises when it was being used. The following day, Justin visits his friend who tells him that some of the attachments were aluminium and not steel. Justin returns the machine to the store and asks for his money back. The store manager, Mr Kennedy, reminds him that the contract he signed contained a clause stating: “Fixing and Building Machines Ltd excludes all conditions relating to the quality or description of equipment purchased”. Justin tells him that when he signed it he wasn’t wearing his glasses and therefore didn’t read the clause. Mr Kennedy then pointed out that it was his company’s policy to mail a copy of contracts to customers immediately following purchase and therefore Justin would have been aware of the clause from this. Justin says that he did receive a copy of the contract, containing this clause, and that although he read it, he didn’t appreciate its significance until now. Advise Justin as to any rights and liabilities which may arise in the law of contract.

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How can I advise Justin as to any rights and liabilities that may arise in the law of contract Using the Trinidad and Tobago Unfair Contract Terms Act (UCTA) as well as answering using the IRAC method highlighting the Issues, Rules, Analysis or Application of the Rules and Conclusion.

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