BREACH OF CONTRACT

Breach of Contract

Breach of Contract

Recover Damages from Trader for Breach of Contract

In the given case, the company receives defective products from traders, therefore, company can sue the trader for providing the defective goods and breaching the terms of the contract. In the case of defective goods the consumer has the right to file a complaint with the seller at earliest from date of purchase. If a product defect is manifest within six months after purchase, it is assumed that the defect already existed at the time of purchase; the seller cannot prove the contrary. Thus, the obligation to prove the cause of the defect within the first six months after purchase rests with the seller and after six months the buyer and seller must agree on the evidence. If the seller has reason to doubt whether the defect is due to a printer or lock bags workmanship, or the consumer himself to blame for the failure, the cause of the defect have to figure out the experts (Burnham, 1995, 63-75).

The concept of defective goods, unfortunately, is well known, but few know how to protect the rights of consumers in such situations, what actions are necessary to implement a refund or exchange defective product. Under these conditions defective product does not comply with:

Conditions of sale and purchase agreement entered into between the buyer and seller;

The requirements of laws regulating the quality and safety of a particular type of goods;

The sample or description, if declared, that the goods are required to meet them;

Declared by the manufacturer properties, allowing using this type of product to its destination.

Liability for Defective Products and Products

Manufacturers have a duty to design and manufacture products that are safe when used by consumers. In addition, they are required to warn consumers of any potential problems related to their products. When a manufacturer produces an unsafe product, or ceases to warn consumers about the possible dangers of these products, people can be hurt. It is considered that a product is defective if it is too dangerous for the average user. The legal responsibility lies strictly on a manufacturer or seller of a defective product, making it liable for resulting injuries, no matter what the fault or intent. There are two main categories that make a product is deemed defective:

Design defect - A product has a design defect if its design is unsafe. For example, a design rim has a defective if it is designed so that operates each time the heat indicator mark 100 degrees.

Manufacturing defect - A product has a manufacturing defect if the product design is reliable, but the method of manufacturing the product is unsafe. For example, if the design of a chair is well made but the chair is missing a leg required for the design, then this chair has a manufacturing defect.

Under the provisions of Law, the responsibility falls squarely on the manufacturers and importers. People who are responsible for the same damage are jointly and severally, which requires ...