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BL Case Study

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© © All Rights Reserved
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CASE STUDY

Bathroom city washed its hands of the problem


Simon Bell, of King’s Lynn, Norfolk, has been battling with Bathroom City,
Birmingham, over a cracked bathroom unit for six months after buying a
shower tray, cabinet and basin in March. The delivery did not turn up for
a month, despite a promise that it would arrive within days. Mr. Bell, left,
who is a former heating and plumbing engineer, says:

“When the delivery was made I inspected the goods and could see
nothing wrong. But because the delivery was so late I missed my
opportunity to fit it immediately.”

It wasn’t until a couple of days later that he noticed a “hairline crack” on


the basin when he took it out of the box. He sent a photograph of the
damage to Bathroom City, which said that there was nothing it could do
because he had not reported it within two days of delivery. The company
also claimed that it did not look like a manufacturing fault but damage
caused when fitting the taps. However, Consumer Direct says that it is
the duty of Bathroom City to prove that it was not responsible; if it
cannot, then the company owes Mr Bell a replacement or repair. Mr. Bell
says:

“Bathroom City has refused to budge and my e-mails and letters have
been ignored. I have fitted many bathroom suites over the years and
have never broken anything. What’s more, I know that it is impossible to
inflict this type of damage with modern taps.”

After being contacted by Times Money, Bathroom City offered to replace


the basin as a goodwill gesture, but maintains that it has “clear proof”
that it did not damage the basin because “Mr. Bell clearly states that
when it was delivered he checked the goods over and found no initial
fault”.

Question 1: Identify the elements of sale of goods


The elements of sale of goods present in this case study are as follows:

• Two parties: there are 2 parties present here that is the buyer
(Simon Bell) and the seller, (Bathroom City, Birmingham)
• Goods: the goods which should be transferred from the seller to
the buyer are a shower tray, cabinet and basin. These goods which
form the subject-matter of the contract of sale are movable.
• Price: Though nothing about price or money is mentioned, it is
obvious that a certain amount of cash is paid, (naturally speaking)
because the goods mentioned are not gifts and are brought from
the bathroom city by Mr. Simon Bell
• Transfer of general property: the goods show the nature of general
property.

Essential elements of a valid contract: the essential elements if a contract


are as follows:

• Two parties: As mentioned before, there are two parties mentioned


in the given case study that is the buyer (Simon Bell) and the seller,
(Bathroom City, Birmingham)
• Offer/Acceptance: there is an agreement seen in the case study i.e.
the goods offered by the company, The Bathroom city are accepted
by the customer, Mr. Simon Bell.
• Legal Obligation: the legal formalities of the contract are not clearly
mentioned but since there is a promise being mentioned that the
goods would arrive within days, it is assumable that the required
statutory formalities are complied with.

Question 2: Identify in which point the case supports or


deviates the rules of sale of goods act.
The instances when the case deviate the rules of sale of goods act:
The goods where not delivered as promised by the promise (the bathroom city)
According to (Sec.11) which relates to stipulation as to time, in a contract
of sale, stipulations other than those relating to the time of payment are
regarded as of the essence of the contract. Thus, if a time if fixed for the
delivery of goods, the delivery must be made at the fixed time; otherwise
the other party is entitled to put an end to the contract.

The mode of payment is not mentioned the given case

Lack of mutual consent

The bathroom city refused to respond to the e-mails and letters of Mr.
Bell.

According to the company, “Mr. Bell clearly states that when it was
delivered he checked the goods over and found no initial fault” but Mr.
Bell insisted on the fact that the basin be either fixed or replaced as it
had been damaged prior to its fitting

The instances when the case supports the rules of sale of goods act:
All the essential elements of the Sale of Goods Act are clearly present in
the case except for the price of the goods as mentioned in the answer to
the previous question.

Two parties: there are 2 parties present here that is the buyer (Simon
Bell) and the seller, (Bathroom City, Birmingham)

Goods: the goods which should be transferred from the seller to the
buyer are a shower tray, cabinet and basin. These goods which form the
subject-matter of the contract of sale are movable.

Price: Though nothing about price or money is mentioned, it is obvious


that a certain amount of cash is paid, (naturally speaking) because the
goods mentioned are not gifts and are brought from the bathroom city
by Mr. Simon Bell
Transfer of general property: the goods show the nature of general
property.

Essential elements of a valid contract: the essential elements if a contract


are present.

All the essential elements of the contract (according to Indian contract


act, 1872) are also present.

CONCLUSION
From the above case study we can conclude that a contract for the sale
of immovable property is a contract laying down that the ‘Sale’ of such
property shall take place on the terms settled between the parties in the
said contract. Such contract for sale does not create any interest in or
charge on such immovable property. The contract for sale does not
result in any transfer of ownership. However a sort of obligation is
created in respect of the ownership of the property.

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