Common Law Essay Example | Topics and Well Written Essays - 2000 words

Common Law - Essay Examplewas extremely slow points towards mistaken representation and it is arguable that this misrepresentation gives Abigail the right to repudiate the contract on the misrepresentation constituting a learn (Poole, 2006). The burden would be on Abigail to prove this, which may be difficult on grounds that in that respect is no record of her telephone conversation with CableFast.Additionally, as the contract was for the cede of services, the Supply of Goods and Services chip 1982 implies terms into Abigails contract, which cannot be excluded and therefore enforceable against CableFast. The 1982 Act provides that in a contract for the supply of services and where the provider acts in the course of a business, there will be an implied term that the supplier will exercise reasonable skill and care in delivering the services.The 1982 Act requires the services to be provided to a satisfactory quality and fit for the purpose intended. Therefore, if Abigail can estab lish breach of these implied terms she will halt a claim for breach of contract. The fact that the broadband connection was very poor will mold in Abigails favour in establishing breach.Alternatively, as the contract is a business to consumer contract and was cogitate via telephone, it will constitute a contract at a distance under Regulation 3 (1) of the Consumer Protection (Distance Selling) Regulations 2000 (the Regulations). Most importantly for Abigail is the 7 day cooling off period provided by the Regulations, which alter consumers to cancel the contract during a seven day period. Whilst the Regulations permit businesses to stipulate the conditions and procedures for withdrawal, the right to cancel cannot be derogated from and information regarding the procedure for cancellation must be supplied to the consumer (Regulation 11). As Abigails contract was for the provision of services, Regulation 12 provides her with the right to cancel within 7 working days from when the or der is