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Warranty question?

  • 08-06-2006 8:01pm
    #1
    junkyard
    Closed Accounts Posts: 4,575 ✭✭✭


    Can someone make a claim for warranty from another person, who only delivered an item in good condition, two years later? I'm not looking for legal advise it just came up in discussion recently and the four people involved had very different views. The situation came about that A purchased an item from C who is now deceased, item was delivered by B. Two years later A decides to sue B for damages as a result of the item failing. Any suggestions?


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Assuming C was selling the item in a commercial sense, then the liability for the quality of the item falls upon C's business, or the person who bought C's business after his death.

    If C's business was closed down after his death, then A has no legal recourse. If B only delivered the item (and isn't in charge of C's business), he has no liability in this case.

    If C sold the item privately to A, then A has no legal recourse.


  • #3
    junkyard
    Closed Accounts Posts: 4,575 ✭✭✭junkyard


    Thanks for that Seamus, that was one of the options alright but just checking to be sure.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    junkyard wrote:
    Thanks for that Seamus, that was one of the options alright but just checking to be sure.

    Basically as Seamus said, basic privity of contract rules. If A contracted with B, he could only sue B, notwithstanding the fact C provided the goods since his contract is with B. If his contract is with C however he could sue C.


  • #5
    junkyard
    Closed Accounts Posts: 4,575 ✭✭✭junkyard


    What if B collected the money for the item but didn't give a reciept?


  • #6
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    I think that would fall under the same provisions as mail carriers doing C.O.D.

    I don't know what their rights/liabilities are in that case.


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  • #7
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    It would also depend on the relationship between B and C. If B is acting as agent for C, or vice versa, he could bound his principle.

    For example if C was acting as agent for B in making the sale, C binds B when making the contract as his agent.

    If B was the agent of C however, the contract was made with C, and B was merely acting as agent of C in deliverying the goods, the contract is still with C, and any breach of contract action would have to lie against him.


  • #8
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    gabhain7 wrote:
    If B was the agent of C however, the contract was made with C, and B was merely acting as agent of C in deliverying the goods, the contract is still with C, and any breach of contract action would have to lie against him.
    That's what I assumed, but lacking a legal education I wasn't sure. :)


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