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PIP implant scare may result breach of contract claims

Many woman affected by the recent PIP scare may have thought of pursuing a personal injury or clinical negligence claim but what they may not have considered are the contractual implications. If PIP implants have ruptured causing silicone to leak, even if this has not resulted in serious health consequences, this may still give rise to a claim for breach of contract.

The Sale of Goods Act states that when you enter in to a contract for the sale of goods, the goods with which you are supplied must be of satisfactory quality and fit for purpose.  The women who opted to have breast implants for cosmetic reasons were unlikely to have been given a choice of which implant to use and probably  relied on the expertise of the clinic and/or surgeon to choose the best implants for them.

The PIP implants which have ruptured or leaked were probably of unsatisfactory quality and therefore unfit for purpose so it is highly likely that the woman affected would have a have a claim for breach of contract.  The Act gives these women the right to have the faulty implants replaced or be compensated in lieu of replacement.

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