Agricultural Product in UK Law

Leading Cases
  • Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
    • House of Lords
    • 08 Mayo 1968

    If the description is a familiar one it may be that in practice only one quality of goods answers that description —then that quality and only that quality is merchantable quality. Or it may be that various qualities of goods are commonly sold under that description—then it is not disputed that the lowest quality commonly so sold is what is meant by merchantable quality: it is commercially saleable under that description.

    If the buyer wants goods that are suitable for each one of several purposes he must make that clear to the seller and make it clear that he is relying upon the seller to let him have goods that would be suitable for each one of the purposes. If the buyer merely orders goods by description all that he can expect is that he will get goods that correspond with the description and goods of such a quality that they could be used for one of the purposes for which such goods arc normally used.

    The suggestion, without more, that goods are merchantable unless they are of no use for any purpose for which they would normally be used and hence would be unsaleable under that description may be misleading, if it contains no reference to price. It would be wrong to say that "seconds" are necessarily merchantable.

  • Wenlock v Moloney
    • Court of Appeal
    • 31 Mayo 1965

    But this summary jurisdiction of the court was never intended to be exercised by a minute and protracted examination of the documents and facta of the case, in order to see whether the plaintiff really has a cause of action. To do that, la to usurp the position of the trial judge, and to produce a trial of the case in Chambers, on affidavits only, without discovery and without oral evidence tested by cross examination in the ordinary way.

  • Procter & Gamble UK v HM Revenue and Customs
    • Court of Appeal (Civil Division)
    • 20 Mayo 2009

    I cannot emphasise too strongly that the issue on an appeal from the Tribunal is not whether the appellate body agrees with its conclusions. It is this: as a matter of law, wasthe Tribunal entitled to reach its conclusions? It is a misconception of the very nature an appeal on a point of law to treat it, as too many appellants tend to do, as just another hearing of the self-same issue that was decided by the Tribunal.

  • Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association
    • Court of Appeal
    • 20 Diciembre 1965

    The second question formulated was: Does the Act apply to a substance which is sold for the purposes of resale as an ingredient in some compounded food and not as a foodstuff itself?

  • Lambert v Lambert
    • Court of Appeal (Civil Division)
    • 14 Noviembre 2002

    However, those characteristics or circumstances clearly have to be of a wholly exceptional nature, such that it would very obviously be inconsistent with the objective of achieving fairness (ie it would create an unfair outcome) for them to be ignored.

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Legislation
  • Agricultural Marketing Act 1933
    • UK Non-devolved
    • 1 de Enero de 1933
    ......Northern Ireland respectively, may make an order. regulating the importation into the United Kingdom of. any such agricultural product as may be specified in the. order, if it appears to the Board, after such consultation. as aforesaid,— .   . ( a . ) that there have been, or are ......
  • Agricultural Marketing Act 1958
    • UK Non-devolved
    • 1 de Enero de 1958
    ...... . S-1 . Submission of schemes. 1 Submission of schemes. . (1) A scheme regulating the marketing of an agricultural. product by the producers thereof, other than a substitutional. scheme, may be submitted to the Minister for his approval by. any persons who satisfy the ......
  • Agricultural Marketing Act 1931
    • UK Non-devolved
    • 1 de Enero de 1931
    ...... Submission and approval of schemes. 1 Submission and approval of schemes. . (1) A scheme regulating the marketing of an. agricultural product by the producers thereof may be. submitted to the Minister in accordance with Part I. of the First Schedule to this Act, and the Minister. may, ......
  • Agriculture Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... An Act to authorise expenditure for certain agricultural and other purposes; to make provision about direct payments following the ... (ii) any agricultural product which is or is likely to be affected by the disturbance or threatened ......
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Books & Journal Articles
  • Three-level supply chain coordination of fresh agricultural products in the Internet of Things
    • Nbr. 117-9, October 2017
    • Industrial Management & Data Systems
    • 1842-1865
    Purpose: The Internet of Things (IoT) is used in the fresh agricultural product (FAP) supply chain, which can be coordinated through a revenue-sharing contract. The purpose of this paper is to make...
    ......, South China University of Technology,Guangzhou, ChinaAbstractPurpose –The Internet of Things (IoT) is used in the fresh agricultural product (FAP) supply chain, whichcan be coordinated through a revenue-sharing contract. The purpose of this paper is to make the three-levelsupply chain ......
  • Contract coordination of new fresh produce three-layer supply chain
    • Nbr. 119-1, February 2019
    • Industrial Management & Data Systems
    • 148-169
    Purpose: There are particularly high fresh agricultural product (FAP) loss rates in actual supply chain operation and the development of FAPs e-commerce is hindered to some extent. The purpose of t...
    ......, ChinaAbstractPurpose –There are particularly high fresh agricultural product (FAP) loss rates in actual supply chainoperation and the ......
  • Place‐based marketing strategies, brand equity and vineyard valuation
    • Nbr. 7-5, October 1998
    • Journal of Product & Brand Management
    • 379-399
    Many firms, wine producers among them, have successfully communicated the quality of their products to the market by emphasizing the geographic origin, or location of production of critical ingredi...
    .... JOURNAL OF PRODUCT & BRAND MANAGEMENT, VOL. 7 NO. 5 1998, pp. 379-399 © MCB UNIVERSITY ... of a place-based strategyWe identify three benefits for agricultural producers or processing/packagingfirms which pursue a place-based ......
  • Full‐Text Access and Laser Videodiscs: The National Agricultural Library System
    • Nbr. 4-1, January 1986
    • Library Hi Tech
    • 13-21
    The National Agricultural Library has developed a database, mounted on videodisc technology, that successfully integrates digital data and analog graphics. The digital data are manipulated by use o...
    ......The graphics are displayed on a separate video monitor. This article discusses problems encountered in converting a print product to videodisc. Laser videodisc technology (with its great storage capacity) offers an exciting opportunity for the storage and retrieval of a variety ......
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Law Firm Commentaries
  • Additional IP Considerations in Light of Brexit
    • JD Supra United Kingdom
    Pharmaceutical and agricultural companies in particular should consider the effect of Brexit on their European patent portfolios. Supplementary Protection Certificates (SPCs) are governed by...
    .... . Pharmaceutical and agricultural companies in particular should consider the effect of Brexit on their ...SPCs allow for up to five years of additional product exclusivity beyond expiration of any patent issued by the European Patent ......
  • A Taste Of... IP In The Food & Drink Industry
    • Mondaq UK
    ......the commercial origin of a product or service from a single trader. Trade marks can be composed of words, ...identify the characteristics, reputation, and quality of. agricultural products, foodstuff, wines and spirits, which are. attributable to their ......
  • New Labels For Geographical Indications
    • Mondaq UK
    ......agricultural products and foodstuffs. My last article, on the protection of ...("The Regulation"). This means that the product name. (Teviotdale) can only be used on a product, which meets the. ......
  • Plasterboard Recycling Standard Now Available
    • Mondaq United Kingdom
    ......specification of product grades, how the final product is to be. stored, labelled, dispatched and ...plasterboard, the manufacture of cement and in the agricultural. sector as a soil treatment.  As markets increase for recycled. gypsum ......
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Forms
  • Chapter BIM55410
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... after consultation between the Central Association of Agricultural Valuers, the Institute of Chartered Accountants in England and Wales, the ... (a living animal or plant) and agricultural produce (the harvested product of a biological asset). Where the fair value model is applied biological ......
  • Chapter IHTM24063
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ......, the cultivation of short rotation coppice is regarded as an agricultural purpose (IHTM24060). Land on which it is cultivated is regarded as ...One use for such a product is to produce renewable fuel for biomass fed power stations. Willow or ......
  • Chapter WINE11010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......-fermentation requirement’ and the cider ‘satisfies the final product juice requirement’ - Notice 162 section 28 refers. . . ... Union (EU), any other charges having equivalent effect and agricultural levy. ......
  • Chapter CIDER11010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......-fermentation requirement’ and the cider ‘satisfies the final product juice requirement’ - section 28 of Notice 162 (GOV.UK) refers. . ... Union (EU), any other charges having equivalent effect and agricultural levy. . ......
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