Law of Contract

Law of Contract

Donald is in the business of connecting commercial premises to the optical fibre network. He has troubles with two of his customers.
Anna, who is an accountant, visited Donald’s shop because she needed a fast internet connection for her business premises. Donald explained that there were different types of optical fibre that he could use, resulting in different speeds of transmission. Anna said that she wanted a transmission speed of at least eight megabits per second. Donald replied that this speed could be achieved by using S2 fibre, but that S2 fibre was expensive, and that the connection of her business premises to the optical fibre network by using S2 fibre would cost £3,000. Anna said that this was fine, the two shook hands, and Anna left.
Donald connected Anna’s business premises to the optical fibre network, using S2 fibre. However, the transmission speed provided by that connection was only six megabits per second. It turned out that S2 fibre cannot achieve more than six megabits per second, and that the same speed can be achieved by using the cheaper S1 fibre. Donald had honestly believed that S2 fibre can achieve eight megabits per second, but he would have known better if he had carefully read the notes from the supplier of the S2 fibre.
Harry, who runs a hairdressing shop, visited Donald’s shop and said that he wanted to have a faster internet connection for his hairdressing shop but that he did not have much money. Donald said that the cheapest type of fibre is AR fibre, and that it would cost £1,000 to connect Harry’s shop to the optical fibre network by using AR fibre. Harry asked when he would have to pay, and Donald replied ‘when the work has been done’. Harry agreed. Donald started the work by creating a trench on Harry’s property, which cost him £200.
Before Donald laid the fibre, a new law was passed, prohibiting the use of AR fibre with immediate effect, following media reports about the environmental and health risks of AR fibre. Donald informed Harry about the situation and suggested the use of the next cheapest fibre for a total price of £1,200. Harry said that he did not have the money at the moment, but that Donald should leave the trench open because Harry will have a fibre connection installed at some point, although he might use another contractor to do the work.
Advise Donald on his claims and liabilities in relation to Anna and Harry.
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Question 2

Explain and discuss whether Part 2 of the Consumer Rights Act 2015 has improved the protection of consumers from unfair contract terms.