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This assignment consists of TWO questions. You MUST answer both questions. Quest
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This assignment consists of TWO questions. You MUST answer both questions.
“The doctrine of frustration is merely an excuse for people to escape from a contract
because things have not turned out as they expected”. With reference to statute and
decided cases, assess whether or not you agree with this view.
You should also make reference to any other relevant legal sources which support your
Adam, a frequent customer at Q&B DIY superstore, has just re-laid his dining room floor,
and purchases two large tins of floor varnish. When paying for the varnish, he fails to see a
notice at the cash desk, which states :
“Q&B undertake no liability for death, injury or other losses resulting from the use of
products purchased and howsoever caused”.
Adam uses the varnish but, because of a manufacturing defect, when it dries, the surface of
the floorboards remains sticky. The defects in the varnish caused it to give off mildly toxic
fumes, which resulted in Adam suffering breathing difficulties for several weeks.
Q&B admit breach of contract in relation to the sale of the varnish but seek to rely on the
exclusion notice at the cash desk to relieve them of liability.
Advise Adam of his contractual rights against Q&B and the validity of the exclusion clause.
Illustrate your answer with reference to case law and statute.
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