News0 min ago
Driving Tests?
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No best answer has yet been selected by codie n. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I think it's wrong that she's lost that money - and the money from the 4-hour lesson she paid for before her test. Whether it's the law or not, it's not fair.
I may be wrong here but I would think the Driving Instructor is providing a service and so he may be covered by The Sale of Goods and Supply of Services Act, 1980.
A section states-
"39.�Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied�
( a ) that the supplier has the necessary skill to render the service,
( b ) that he will supply the service with due skill, care and diligence,
( c ) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required, and
( d ) that, where goods are supplied under the contract, they will be of merchantable quality within the meaning of section 14 (3) of the Act of 1893 (inserted by section 10 of this Act)."
In other words the car should have been fit for pupose which was to allow it to be used in a driving test. I suppose the Instructor could argue the headlights were working when the lesson started and must have failed some time after. I would try that anyway, if you don't ask, you don't get is what I say
I felt unfairly done when I failed my first test because, I didn't make any mistakes that were serious. The instructor said that I had made other cars slow down on two occasions, once at the roundabout because I didn't go fast enough round it and once when I was turning left onto a main road.
But my instructor said to me, if you never slow down somebody, you'll never get anywhere. That's true, I mean don't we always have to slow down for someone each time we get on the road?
On my second test i did much better and drove like a pro, it was raining heavily all the way through and i had to use my wipers as well. But i got took down a country lane where there were puddles. I splashed through a couple of them instead of slowing down and failed for that. Even though i'd never been driving in the rain before. Not everyone would have their test when its raining so how is this fair because a lot of people might not know what to do either.
It kinda makes me wonder too why people bother having lessons and paying out all this money for tests and insurance when you could just buy a car and drive without insurance. Because an asylum seeker did it and killed a little boy! and he only got like a really short prison sentance.