Preprinted AST's and Notices - legal responsibilites of publishers

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  • Preprinted AST's and Notices - legal responsibilites of publishers

    If one purchases pre-printed stationery and completes the document correctly what happens if that document fails on a legal point?

    If that legal point related to a flaw in the printed document would the publisher be liable and could the publisher be responsible for costs arising from the use of the flawed document?

    If there were any clauses denying responsibility for problems arising from the use of the forms would such clauses constitute an unfair contract between the purchaser of the form and the publisher or retailer?

    Presumably if there is any liability the publisher will only be responsible for original copyright documents and photocopies would not be good evidence. Maybe another case for the landlord retaining the originals and providing the tenant with a copy!
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

  • #2
    I cannot ever recall any instances where it was proven that a pre-printed (by Oyez or RLA etc.) has been judged wrong except where it has been filled in incorrectly by the user.

    Any offers to prove me wrong????

    Comment


    • #3
      Originally posted by davidjohnbutton View Post
      I cannot ever recall any instances where it was proven that a pre-printed (by Oyez or RLA etc.) has been judged wrong except where it has been filled in incorrectly by the user.

      Any offers to prove me wrong????
      1. Just found this old thread.

      2. The answer lies in:
      a. who has a contract with whom; AND
      b. the law of negligence.

      3. Assume that a publisher (P) makes an error in the form. This does happen: WHSmith cocked-up a Will form a few years ago.

      4. Publisher has contract with wholesaler (W) who has contract with retailer (R) or something like that.

      5. R sells to customer (C). C can enforce contract with R but no-one else. It is conceivable (but unlikely) that W's contract with R might give third parties some rights, in which case the Contracts (Rights of Third Parties) Act 1999 would give C rights against W and so on.

      6. So C's contractual rights are chiefly against R. C would have to show that R broke a contract by selling defective document.

      7. Better way forwards would be if C could show negligence by P, because P can reasonably foresee that R will supply form to C who is going to rely on its accuracy. C would have to show that:
      a. duty of care owed by P;
      b. P broke duty; and
      c. C suffered loss as a result.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        Are you that bored Jeffrey that you are trawling through olds posts! ... Whats up hun have you recently retired and have little else to do!!!!
        GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

        Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

        Comment


        • #5
          Originally posted by justaboutsane View Post
          Are you that bored Jeffrey that you are trawling through olds posts! ... Whats up hun have you recently retired and have little else to do!!!!
          No. I'm:
          a. not bored;
          b. not retired; and
          c. quite busy.

          But it's interesting to see occasional old threads of relevance. Is that a problem which is causing you some personal angst?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Keep going through the old threads Jeffrey, we might all learn something new!

            Comment


            • #7
              Originally posted by Colincbayley View Post
              Keep going through the old threads Jeffrey, we might all learn something new!
              Wot, ALL the old threads? Have a heart, guv.
              See new post on Take a Break...
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                Originally posted by jeffrey View Post
                Wot, ALL the old threads? Have a heart, guv.
                See new post on Take a Break...
                I'm a Landlord, I don't have a heart ( as my wife says )

                Comment

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