SQE1 sample questions

Question 74

A woman is given a new electronic tablet (‘the Tablet’) as a birthday present from her friend. The friend bought it from a local retailer (‘the Retailer’). The Retailer was unaware that the friend was buying it as a present for the woman.

When the woman tries to use the Tablet, she is unable to switch it on as there is a fault with the power button. The woman does not want to tell her friend that the Tablet does not work because it is a birthday present and so takes the Tablet to a local repair shop.

The shop repairs the fault in the Tablet for a charge of £150, which the woman pays. The woman wishes to sue the Retailer in negligence to recover the £150.

Can the woman recover the £150 repair costs in negligence from the Retailer?

A. No, because the defect in the Tablet is unforeseeable loss.

B. Yes, because the Tablet was faulty.

C. Yes, because the repair costs are consequential economic loss.

D. No, because the repair costs are pure economic loss.

E. Yes, because the Retailer is strictly liable for the repair costs.


D - No, because the repair costs are pure economic loss.


 

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