breach of warranties

Not so long ago AG Stanley, the DIY group, sued Harris Queensway, the furniture and carpets retailer, over an alleged breach of warranties.

Section 7(2) prevents the exclusion of liability as against a consumer for breach of warranties arising by implication of law from the form of the contract as to the goods' correspondence to description or sample, or their quality or fitness for any particular purpose.

The Purchaser should rely on the normal contractual measure of damages to compensate for any breach of Warranties - ie the difference between what the Business would have been worth had the warranty been true and what it is actually worth in the light of the breach.

Mr. Kozol said that he did not agree with the calculation made by the sellers' attorneys, and that if there were breaches of warranties, the sellers could be forced to pay Mr. Zuckerman's legal bills, which Mr. Kozol said were over $1 million.