Service provider outsourcing services - responsibilities in contract law?

BlueCam

If a seller (e.g. a mobile phone network) sells a certain service (e.g. a mobile internet plan) whose operation is outsourced to a third-party (e.g. a multinational company), who is responsible if this service were to break for a period of 3 days - the seller or the third-party? Would this hypothetical situation be an example of breach of contract between the buyer and seller? Would this justify the buyer being compensated for the value of the services which he paid for but weren't provided over this 3-day period?

Victor

I assume your contract is with the seller, so that is your key point.

Most such contracts have been written such that the seller isn't responsible for service failure. However, such a term may be unfair if it also means that the user is charged a monthly fee for the time there is no service.

Victor

I think the courts would be slow to apply Donoghue v Stevenson. http://en.wikipedia.org/wiki/Donoghue_v_Stevenson

jblack

Victor wrote: »

I think the courts would be slow to apply Donoghue v Stevenson. http://en.wikipedia.org/wiki/Donoghue_v_Stevenson

^^
I would imagine such a contract would exclude certain common law rights and may contain entire agreements clauses.