Contract Law Essay Example | Topics and Well Written Essays - 2000 words - 7

Contract Law - Essay Example in negligence against ASL for recovery of damages for injuries caused to her, because she is a consumer and ASL had the duty to perform the job with reasonable care and skill. Charles may also have grounds to refuse to pay ASL on the grounds that they have been guilty of misrepresentation. In the first scenario, ASL has performed its contract to supply the oven, but it has performed it late. The question that arises is whether ASL was negligent in failing to supply the oven in time. In Blyth v Birmingham Waterworks Co1 Alderson B defined negligence as â€Å"the omission to do something which a reasonable man† would do or â€Å"doing something which a prudent and reasonable man would not do.† In determining whether a business must assume liability, the Unfair Contract Terms of 1977 also states that the liability imposed must be â€Å"a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made."2 Applying these definitions of negligence, it must be noted that ASL’s failure to deliver the oven on time was because of conditions that were not in their control; the weather was so bad that all roads leading to Alan’s restaurant were flooded. Secondly, at the time the contract was made between the parties, ASL would not have been in a position to know that the weather was likely to prevent deliveries; as a result the Courts may not consider it fair to impose liability in negligence on ASL for failing to deliver the oven in time. The standard of care required in performance of contract is the standard of the reasonable man.3 If a reasonable person would not foresee the harmful consequences of a particular action, then a failure to take precautions will not be held to be negligent. In the case of Hall v Brooklands Auto Racing Club4 it was held that the operators of the racing track could not be held liable for accidents that no