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Contract Law
The author of this response is asked to offer a response to a few major questions. First, the author is to explain the purpose and importance of Mitchell v. Finney Lock Seeds as it relates to contract law. The author is asked to relate Section 55 of the Sale of Goods Act of 1979 to Schedule 2 of the Unfair Contract Terms Act of 1977. The author of this response will tie this all together.
Section 55 & Mitchell v. Finney Lock Seeds
Section 55, of course, relates to express contracts that are used to amend or change a prior agreement. It notes that prior arrangements and agreements are not invalidated by this amendment or change unless the express agreement added is inconsistent with what was agreed to prior (UK Law, 2013). George Mitchell v. Finney Lock Seeds is relevant because claiming George Mitchell agreed to buy 30 pounds of cabbage seed for 192 pounds. The contract agreed upon between Mitchell and Finney stated...
This presented a problem to Mitchell since he spent 60,000 pounds plus interest on the seeds and got nothing for his trouble since the product of the seeds was not fit for human consumption, and thus, sale to the public. The clause that limited the liability was deemed invalid since it was not reasonable even through it was agreed upon by both parties at the onset (E-LawResources, 2013).
How this all relates to Schedule 2 of the Unfair Contract Terms Act is quite clear. There is deemed to be a manufacturer guarantee on items sold so long as the goods are of the type that are ordinarily provided and dispensed for human use and/or consumption. The above case involving Mitchell and Finney would be a good example because Mitchell had a reasonable expectation that the seeds would yield a good crop and Finney knew (or should have known) that the seeds were defective. As such, the…
References
E-LawResrouces. (2013, August 15). George Mitchell v Finney Lock Seeds. e-lawresources.co.uk. Retrieved August 15, 2013, from http://www.e-lawresources.co.uk/George-Mitchell-v-Finney-Lock-Seeds.php
UKLaw. (2013, August 15). Sale of Goods Act 1979. Legislation.gov.uk. Retrieved August 15, 2013, from http://www.legislation.gov.uk/ukpga/1979/54/schedule/1/crossheading/section-55-exclusion-of-implied-terms-i
UKLaw. (2013, August 15). Unfair Contract Terms Act 1977. Legislation.gov.uk. Retrieved August 15, 2013, from http://www.legislation.gov.uk/ukpga/1977/50
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