法律問題一問,?有法律知識人士請入[20點]急

✔ 最佳答案

你又無條買賣合約係到，點話你聽?

你可以睇下張買賣合約或保養書，睇下有冇保養期。
如果未過保養期佢唔同你整係違反合約 breach of contract
如果要賠償，你都要告佢架啦
告佢既話，可以求法官俾 specific performance，即命令對方完成合約責任

如果無保養，呢條法例幫到你
Sales of Goods Ordinance s.2
(5) Goods of any kind are of merchantable quality within the meaning of this Ordinance if they are-
(a) as fit for the purpose or purposes for which goods of that kind are commonly bought;
(b) of such standard of appearance and finish;
(c) as free from defects (including minor defects);
(d) as safe; and
(e) as durable,
as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances; and any reference in this Ordinance to unmerchantable goods shall be construed accordingly.

Sale of Goods Ordinance s.16
(1) This section provides for the circumstances in which, and the extent to which, there is any implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under a contract of sale. (Replaced 85 of 1994 s. 4)
(2) Where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition-
(a) as regards defects specifically drawn to the buyer's attention before the contract is made; or
(b) if the buyer examines the goods before the contract is made, as regards defects which that examination ought to reveal; or (Amended 85 of 1994 s. 4)
(c) if the contract is a contract for sale by sample, as regards defects which would have been apparent on a reasonable examination of the sample.

就算合約無講，提供既貨物都要具可商售品質 (merchantable quality)
呢條係一條 implied term
可商售品質其中一點係耐用，兩個月就有問題已經唔合理la

當然，打官司好貴 (雖然贏面大，但係賠償有限，重有堂費)
我建議出律師信俾 LE，叫佢地賠償同維修
無咁貴，而且 LE 唔想俾人告都會賠償同維修la

(><sorry didnt realise you prefer english~ I will give you the english version of the law)

2008-07-10 02:27:52 補充：
As said above, LE may not be obliged to redo the paint if the paint was scratched off rather than natural wear and tear. But they shud be responsible for repairing the lid for you.

法律問題一問,?有法律知識人士請入[20點]急

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