RE: Co prep21 May 2024 08:39
Take the LFT home tests for example. If you signed a contract for them in the full knowledge that they were going to be fairly tricky for everyday people to use correctly and it turned out to be the case that it therefore led to a high percentage of incorrect results you could easily argue that the tests, in a real life situation, failed at an unacceptable rate but that wouldn't lead to a conclusion of breach of contract most likely,, it would mean that the buyer essentially made the wrong call on the user's ability to follow the instructions correctly.