Comfybo Ltd manufacture portable gas radiators. Part of their advertising literature describes the radiators as 'Summer all the year round - let our warmth burst upon you.' Acrid Ltd., dealers in household goods, order 10 of these radiators from Comfybo Ltd at £90 each.

When the radiators are delivered, the manager of Acrid Ltd signs the invoice which states that Comfybo "accept no responsibility for any loss or damage which may result from our radiators - all conditions, warranties, express and otherwise are hereby excluded. The radiators are placed on display by Acrid Ltd along with the original advertising literature.

Mildred sees the radiators and, having read the description, purchases one for £120. The same day another radiator is purchased by Cyril. When Mildred finally gets her radiator to work, it bursts and she is badly scalded. As a result Mildred spends two weeks in hospital and is unable to take part in a beauty contest, which she stood a fair chance of winning. The first prize was £1000.

Cyril, a sales representative and also something of a miser, lives in one large room whose measurements he fully described to the manager of Acrid Ltd who assured Cyril that the radiator would be perfect for his requirements and was designed to cope with temperatures reaching -40ºC. Due to a heavy fall of snow and very cold weather, Cyril finds that the radiator will not heat his room sufficiently.

[An independent heating engineer's report has revealed that the radiator was designed to cope with temperatures in the range -2ºC to 30ºC and was not suitable for fitting in a room the size of Cyril's.] Due to this Cyril catches a bad cold and is off work for three weeks, losing some £700 in Commission.

Both Mildred and Cyril are demanding damages. Acrid Ltd., in a poor way financially, would like to be able to return all the radiators to Comfybo Ltd.

Advise the parties as to their legal position.
***
The competition is sponsored: LawinaBOX.tv is providing a small prize fund of £100 (1st), £75 (2nd) and £25 (3rd). Each prizewinner will also receive £100 worth of LAWinaBOX materials of their choosing.

The following sponsors are also putting up prizes:
The College of Law: £100 for the winner.
Legal Week: £100 and a free subscription to the winner.
The New Journal: The winner will receive a one year subscription to The New Law Journal worth £250. Kerma Partners, a leading consultancy of former senior lawyers: £100 prize to the the winner. Wildy's, the leading law bookshop : Wildy Book Voucher to the value of of £100 to the winner. Potent Communications, specialists in presentation skills and busines development: £100 to the winner.
Please Click here for Problem Question
Open to all LAWinaBox Club members AND Consilio Free members who register for the newswire Log-in | Join