Skip to main content

Mixed — Contract & Tort

The Dodgy Builder

Facts
Question
Analysis
Verdict
Scenario

HomeFirst Ltd contracts with Raj to renovate his kitchen for £15,000. The contract contains a clause stating: 'HomeFirst accepts no liability for any consequential loss or damage howsoever caused.' During works, a HomeFirst employee incorrectly installs the gas connection. Raj's kitchen catches fire, causing £40,000 in structural damage. Before the contract was signed, HomeFirst's sales manager told Raj verbally: 'Our guys are all Gas Safe certified — you have nothing to worry about.' This was false: only one of their three workers held certification.

Can Raj bring a claim in both contract and negligence against HomeFirst?

Answer options for step 1