Do we have a implied contract to drive on the highway ?
Discussion
Do motorists have an implied contract to drive on the highway? Why I ask? Because I'm pissed off with crashing along our highways which now often resemble a rally special stage. I've finally suffered a complete vehicle write-off with said potholes, and I'm £6500 out of pocket. Do I have an implied contract to drive on the highway? If so, could I make a claim on the grounds they're not fit for purpose?
It is possible to claim for pothole damage in some circumstances, depending on how aware the relevant highways agency was of the issue and how much time they'd had to put it right. However it has nothing to do with "implied contracts" or other vaguely Freeman On The Land sounding wibble.
https://www.gov.uk/claim-for-damage-to-your-vehicl...
https://www.gov.uk/claim-for-damage-to-your-vehicl...
Aretnap said:
It is possible to claim for pothole damage in some circumstances, depending on how aware the relevant highways agency was of the issue and how much time they'd had to put it right. However it has nothing to do with "implied contracts" or other vaguely Freeman On The Land sounding wibble.
https://www.gov.uk/claim-for-damage-to-your-vehicl...
I know and appreciate that. However, this only works after you hit and had damage from a pothole. If there was an implied contract in existence, then the government would have to maintain the roads in a much better state than they presently do, and then they would be nice to drive on instead of being like rally special stages.https://www.gov.uk/claim-for-damage-to-your-vehicl...
robinessex said:
Do motorists have an implied contract to drive on the highway? Why I ask? Because I'm pissed off with crashing along our highways which now often resemble a rally special stage. I've finally suffered a complete vehicle write-off with said potholes, and I'm £6500 out of pocket. Do I have an implied contract to drive on the highway? If so, could I make a claim on the grounds they're not fit for purpose?
How??? 
OutInTheShed said:
On the flip side maybe car makers should be selling cars fit for the purpose of driving on UK roads, rather than things with wheels and tyres only suitable for a perfectly smooth race track?
Most other civilized countries have smooth roads. My stepdaughter lives in Sweden, whose roads are nigh on perfect. Why should the REST OF THE WORLD have to make cars suitable for our s
t roads? My wife suffers from Arthritis, and is often in considerable pain bouncing over crap roads.OutInTheShed said:
On the flip side maybe car makers should be selling cars fit for the purpose of driving on UK roads, rather than things with wheels and tyres only suitable for a perfectly smooth race track?
I don't agree with this. There is often a demand for some spicier models of cars sold only in overseas markets (I'm looking at you Japan) because they deem them too focused or not suitable for our market. Probably because our roads are made out of digestive biscuits. One that springs to mind is the FD2 Honda Civic Type R which is quite often named as the best normally aspirated Civic Type R made. Maybe the councils should stop pocketing the money or wasting it on useless contractors to build poor versions of bike lanes. Or should we just all drive around in tanks and hovercrafts?
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