Express Terms in UK Law
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Smith v Eric S Bush
... ... to exclude liability for negligence within the Unfair Contract Terms Act 1977 and is therefore ineffective unless it satisfies the requirement ... breach: “( a ) of any obligation, arising from the express or implied terms of a contract, to take reasonable care or exercise ... ...
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RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
... ... 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 ... of condition 48 has been appreciated, have needed a clear express variation of condition 48 for a court to be able to reach the conclusion ... ...
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Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
... ... They succeeded on the terms of the contract and under section 14 (1). But Lord Wright went on to ... on the ground that the seller knew of the defect or for breach of express warranty (warrantizando vendidit). But with the growing complexity of ... ...
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Evans (J.) & Son (Portsmouth) Ltd v Andrea Merzario Ltd (Ruhr)
... ... 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 ... ...
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Ailsa Craig Fishing Company Ltd v Malvern Fishing Company Ltd
... ... 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, ... on the part of the Company shall arise (whether under the express or implied terms of this Contract, or at Common Law, or in any other way) ... ...
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Mackender v Feldia. A.G.
... ... The policy contained a foreign jurisdiction clause in these terms: "Notwithstanding that this policy has been affected. In London, England, ... I am not impressed by this ground for disregarding the express agreementof the parties. Antwerp is not very far away. Brokers and ... ...
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George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd
... ... (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 ... ...
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HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
... ... 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 ... to deny payment of any amount due hereunder in accordance with the express terms hereof." ... 36 ... ...
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Ife Fund Sa v Goldman Sachs International
... ... 5 ) IFE's claim to recover its loss is excluded by the terms of Goldman Sachs' Syndicate Information Memorandum ("SIM"), which had ... We make no express or implied statement or representation regarding the appropriateness of ... ...
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Bartlett v Sidney Marcus Ltd
... ... Clutch to be bled at client's expense". There were printed terms and conditions, none of which apply here. Mr Bartlett took the car and ... He alleged that there was an express term that the car was in perfect condition except that the clutch needed ... ...
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