Contract Assignment.
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| Submitted: Mon Jun 19 2006
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Contract Assignment Elizabeth Pearce This problem question contains various issues that need to be explored. However, it is apparent that the primary concern is one of liability. The major question that needs to be answered is whether Smart Co can claim damages for the defective computer and whether Bright Co are liable for this. Thus it needs to be ascertained whether the terms implied by sections 13-15 of the Sale of Goods Act have been breached, and if so, whether the standard terms which contained the clause in question were incorporated into the contract. The issue of the extent of contractual liability for a breach often raises a question as to the effectiveness of an exemption clause. In this question we are specifically dealing with a limitation clause. An exemption clause is a term in a contract purporting to exclude or restrict the liability of one of the parties in specified...

