Question
Alice bought a small bakery business. It was surveyed by George, for Happy Homes Building Society, which provided Alice with the mortgage. Alice paid Happy
Alice bought a small bakery business. It was surveyed by George, for Happy Homes Building Society, which provided Alice with the mortgage. Alice paid Happy Homes for a summary report from George. This stated that there were no major structure problems and that the premises were worth the asking price. It concluded: “This report is for valuation purposes only and will not give rise to any legal liability.”
Alice contracted with Industrial Kitchen Fitters Ltd. (IKF) to refit the kitchen. They installed a new oven manufactured by Cinders Inc. On moving in, Alice discovered severe and large-scale dry rot when she fell through a storeroom floor and broke her leg. Her injuries and the eradication of the dry rot delayed the opening of the premises for several months. A week after the business eventually opened, the new oven malfunctioned. As a result, a wedding cake was badly burnt, leading to a claim for damages for break of contract against Alice, by the bride’s father. IKF have gone out of business. Applying U.S. law, advise Alice.
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