Express Terms in UK Law

  • Smith v Eric S Bush
    • House of Lords
    • 20 Abr 1989
    ...... to exclude liability for negligence within the Unfair Contract Terms Act 1977 and is therefore ineffective unless it satisfies the requirement ... assurance to me that the statements, conclusions and opinions expressed or implied in the report and mortgage evaluation will be accurate or valid ......
  • RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
    • Supreme Court
    • 21 Jul 2010
    ...... into a detailed written contract which would set out all the complex terms on which the work was to be carried out and the equipment supplied. ...However, clause 49, which is a definitions clause which was expressly given contractual force by clause 7, included the definition of the ......
  • Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
    • Court of Appeal (Civil Division)
    • 12 Nov 1987
    ...... per week, and not £5 per day, and he had evidence before him of the terms charged by some ten other photographic libraries, most of which charged ... question of circumstance whether the sort of restriction that is expressed in any writing (which, of course, includes printed matter) is a thing that ......
  • Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
    • House of Lords
    • 08 May 1968
    ...... "(1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for ...They succeeded on the terms of the contract and under section 14 (1). But Lord Wright went on to ......
  • Evans (J.) & Son (Portsmouth) Ltd v Andrea Merzario Ltd (Ruhr)
    • Court of Appeal (Civil Division)
    • 13 Nov 1975
    ......Invoices were sent and goods carried on the usual terms and conditions appearing on the form. Nothing was put in writing about ...: "The printed condition is rejected because it is repugnant to the express oral promise or representation." During the argument Lord Justice Roskill ......
  • Mackender v Feldia. A.G.
    • Court of Appeal
    • 18 Oct 1966
    ......The policy contained a foreign jurisdiction clause in these terms: "Notwithstanding that this policy has been affected. In London, England, ...In the present case the parties have expressly agreed that the proper law of the policy hall be Belgian law. That they ......
  • George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd
    • House of Lords
    • 30 Jun 1983
    ...... (not being a consumer sale) to which the Supply of Goods (Implied Terms) Act 1973 applied. In reliance on the exemption clause the sellers sought ... or plants sold or agreed to be sold by us not complying with the express terms of the contract of sale … or any seeds or plants proving defective ......
  • Ailsa Craig Fishing Company Ltd v Malvern Fishing Company Ltd
    • House of Lords
    • 26 Nov 1981
    ...... for negligence, it must be most clearly and unambiguously expressed, and in such a contract as this, must be construed contra proferentem. I ... exclusion: this is because they must be related to other contractual terms, in particular to the risks to which the defending party may be exposed, ......
  • HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
    • Court of Appeal (Civil Division)
    • 21 May 2001
    ......However, I use the expression "policy wording" not only for convenience of exposition, but also because ... that it was never shown, did not endorse, and was unaware of the terms of the policy wording. For present purposes, that must be assumed to be ......
  • Taunton-Collins v Cromie
    • Court of Appeal
    • 24 Mar 1964
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