question: 1. Marie established a very successful health food shop in Canterbury,

question: 1. Marie established a very successful health food shop in Canterbury, and decided to move to larger premises to upgrade and expand her business. As part of this project she entered into a contract with Techworld PLC to supply a new IT system which would handle all her business processes, including purchase and sale of goods, accounting and payroll.
The contract price was £60,000, and Techworld contracted to supply both new equipment and the system software. The system was a standard package that Techworld had supplied to many clients, and it was part of the contract that Techworld would redesign Marie’s business processes so that they would work with Techworld’s system.
When the installation of the new system in the new premises was complete, and Techworld had redesigned Marie’s processes to fit it, Techworld experienced severe problems in making the system work properly. Marie’s business was badly disrupted as a result, and, although Techworld eventually managed to make the system work, Marie estimates that she has lost £100,000 as a result of the disruption. Techworld refuses to accept any liability for this loss, relying on the following clause in the contract:
“In the event of any difficulties being experienced in the working of the system, Techworld PLC will use best efforts to ensure the system meets the contract specification. Techworld PLC does not accept liability for any losses whatsoever incurred by the customer’s business.”
This clause was included in Techworld’s standard form contract. This was sent to Marie with the original quotation for the work. It was intended to be signed by Marie, and she was asked to do so, but in fact she omitted to sign it. Marie can establish the delays were caused by Techworld’s errors in redesigning her business processes.
Advise Marie whether she can claim her loss of business of £100,000 from Techworld. She has already paid the contract price of £60,000. (You may assume that there are no damages rules, for example, remoteness, which would bar any claim by Marie).
2. Diana’s home is too small for her growing family and she decides to have the loft converted to provide extra bedroom space. She contracts with Speedy Builders Ltd to design and carry out the work for a price of £30,000, payable on completion. The contract is on Speedy Builders’ standard form (which extends to 25 A4 pages); Diana signs this when she enters the contract.
The work is completed on time, but Diana encounters two problems.
First, Diana discovers that there is a fault in the large window in the sloping roof, resulting in a rainwater leak. This is caused by a manufacturing defect in the sealed unit which was supplied to Speedy Builders by a window manufacturer. Speedy Builders say they are not liable for this defect as it is not their fault, and rely on this clause in the contract:
Clause 32. Speedy Builders will accept responsibility for any defects in the work under this contract which are caused by its negligence. This is the extent of Speedy Builders’s liability for defects under this contract, and we will not be liable for defects in any other circumstances whatsoever, including where the defect is caused by a third party manufacturer”.
Second, Speedy Builders submit a bill for £35,400, claiming that an extra £5,400 is due because of a sharp increase in the price of materials used. They rely on a clause in the contract which reads:
“Clause 53. The price of the work by Speedy Builders in this contract may be raised if the cost of the materials used increases by more than 10%. Where there is such an increase, Speedy Builders may vary the price up to the amount by which the cost increase exceeds 10%.”
Advise Diana.
(You may assume that Speedy Builders have substantially performed the contract and that the only contested issues are whether Diana has a counter claim against Speedy Builders for the cost of fixing the window (the clause 32 issue), and whether Speedy Builders can claim the additional £5,400 (the clause 53 issue).
topics that should be addressed: implied terms, express terms and unfair contract terms ACT1977 and consumer right ACT 2015
instruction: pls this should be written as a prediction of how a court would decide the matter. when answering the question pls identify the legal issues and analyse it within a coherent structure, –state the legal rule that is relevant to the issues and apply the rules to the facts and state the outcome

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