Customer Protection Laws, Law of Torts and the Contract Act Essay

Customer Protection Laws, Law of Torts and the Contract Act - Essay Example On the part of the Company, it would be the purchase price consideration. Consideration, according to Jill Poole, in her book, Text Book on Contract Law, could be described as the action, inaction or promise thereof by one party, which stimulates action, inaction, or promise of another. (Poole 1996-2008, P. 3). The following case illustration would drive home the aspects regarding the law applicable in this case. A arranges with a lorry transport Company, B, to transfer his chattels and also paid advance towards this arrangement. However, during the actual movement of goods, the cases fall into the river. B is under contract with A and therefore, a breach of contract has resulted. Again, in this case, if A could prove negligence, B may be held negligible under Tort. Therefore, under such circumstances, the transport company could be held liable for actions under Contract, and also under Tort law, or both. In the Henderson v. Merritt Syndicate Limited case, the learned jury, Lord Goff observed â€Å"Approached as a matter of principle, therefore, it is right to attribute to that assumption of responsibility, together with its concomitant reliance, a tortuous liability and then to inquire whether or not that liability is excluded by the contract because the latter is inconsistent with it.† (Poole 1996-2008, P. 6). In this case study, it is seen that the product stopped functioning during the warranty period. This warranty is termed as â€Å"warranty of fitness† whereby the buyer agrees to purchase the laptop upon the express condition that, in the event of non-functioning within a period of six months, it would be repaired free of cost Answer.com: Consumer protection: Warranties. (Consumer protection. 2008).In this case, it could be said that there is an Express warranty that assures the quality, description, or performance of the product. These warranties may be less apparent than are product advertisements.