SGS 3
STATEMENTS OF CASE
Purpose of statements of case? Enables judge and parties to work out the areas that are actually
in dispute.
Sets out the basis of a party’s claims.
The main statements of case are:
1. the claims form
2. the particulars of claim
3. the defence;
4. and the counterclaim
duty
these can arise between people in contract or if a court orders a duty (in tort).
Implied terms
So there are 4 implied terms that can be used when talking about a breach.
Duty of reasonable care and skill (for services contracts aka where someone is offering a
service). = supply of goods and services act 1982 s13
If goods are sold by description, goods should correspond to that description = sale of goods
act 1979 s13(1)
Goods be of satisfactory quality = sale of goods act 1979 s4(2)
If a particular prpose is made known by the buyer, its an implied term that the good will fit this
particular purpose made known. = sale of goods act s14(3) 1979
These can be said as duties that have been breached, when drafting particulars of claim.
Causation and loss
STATEMENTS OF CASE
Purpose of statements of case? Enables judge and parties to work out the areas that are actually
in dispute.
Sets out the basis of a party’s claims.
The main statements of case are:
1. the claims form
2. the particulars of claim
3. the defence;
4. and the counterclaim
duty
these can arise between people in contract or if a court orders a duty (in tort).
Implied terms
So there are 4 implied terms that can be used when talking about a breach.
Duty of reasonable care and skill (for services contracts aka where someone is offering a
service). = supply of goods and services act 1982 s13
If goods are sold by description, goods should correspond to that description = sale of goods
act 1979 s13(1)
Goods be of satisfactory quality = sale of goods act 1979 s4(2)
If a particular prpose is made known by the buyer, its an implied term that the good will fit this
particular purpose made known. = sale of goods act s14(3) 1979
These can be said as duties that have been breached, when drafting particulars of claim.
Causation and loss
