Chenglei informs Harry that he is an agent for Luxury Hair Limited, a company specializing in hair care products. He shows Harry a catalog of their product range. Harry decides to order 1,000 hairdryers described in the catalog as 'Luxury Hair Air Hair Dryer- Professional hairdryer' at the cost of £100 per unit for his chain of hair salons within the UK. Chenglei gets Harry to sign a sales contract which he notes specifies that the contract is between the customer (i.e., in this case, Harry) and Chenglei. It also contains a clause (although he did not notice this at the time of signing it) that states the following; 'the agent (i.e. Chenglei) shall not be liable for any loss or damage resulting from use by the customer of the goods that are sold within this contract' Harry distributes the hairdryers to his salons. He receives a very urgent telephone call from his London salon to confirm that there have been issues with the quality of the hairdryers on the first day of use. He explains that one of the hairdryers overheated and set on fire, scalding the client and burning their scalp and damaging her hair.

 Four days later, Harry contacts Chenglei to tell him what has happened. Harry explains that the hairdryers he sold him are defective, and informs him that he wants compensation for the goods and the client's pain and suffering. Chenglei informs Harry that he is not liable and refers him to the abovementioned clause, a copy of which he provided to Harry after he signed it. Not knowing what to do, Harry told his friend Mingli, a trainee solicitor, what had happened and that Chenglei, who is a sales agent was denying liability. Mingli said that she wasn't 100% sure, but that she thought that Harry might be able to claim against Luxury Hair Limited, the manufacturer of the hairdryer. With Mingli's help, Harry wrote a letter to Luxury Hair's head office explaining what had happened and informing them that he was seeking compensation for the goods and the client's pain and suffering. Harry has now received a reply from Luxury Hair Limited. 

They apologize for what has happened, however, they accept no liability for the accident as Chenglei was no longer an agent of theirs. They explained that Chenglei had previously been an agent for them, but they had terminated the agency agreement with him seven days before Harry entered the contract with him. They had instructed Chenglei that he was to return all the remaining Luxury Hair products that he had to them immediately. They informed Harry that unfortunately he had still not done so, and had clearly sold these products to him after his agency agreement with Luxury Hair Limited had come to an end.

  Advise Harry:

(i) whether he can claim compensation for the goods and the client's pain and suffering; and if so 

(ii) whether he should bring the claim against Chenglei or against Luxury Hair. 

 The above reply should include statutory and case law authorities in your answer.  The explanation should be clear and details. Please label the reply according. 

 Note:  Please give me the answer according to my requirement and do not miss out on any of the requirements, 

Answer rating: 100% (QA)

i Compensation for Goods and Clients Pain and Suffering Harry may be able to claim compensation for the goods and the clients pain and suffering The k... View the full answer