Breach of Warranty in UK Law
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Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
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Cehave N.v v Bremer Handelgesellschaft m.b.H. (Hansa Nord)
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In principle contracts are made to be performed and not to be avoided according to the whims of market fluctuation and where there is a free choice between two possible constructions.
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Doyle v Olby (Ironmongers) Ltd
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Bentley (Dick) Productions Ltd v Harold Smith (Motors) Ltd
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Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (formerly STC Submarine Systems Ltd)
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Certainty is only achieved when the vendor is left in no reasonable doubt not only that a claim may be brought but of the particulars of the ground upon which the claim is to be based. The clause contemplates that the notice will be couched in terms which are sufficiently clear and unambiguous as to leave no such doubt and to leave no room for argument about the particulars of the complaint.
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Penn v Bristol & West Building Society
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In truth as I see it, the question whether a warranty of authority has been given rests on a proper analysis of the facts in any given situation, and not on any preconceived notions as what is essential as part of the factual analysis.
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Insurance Act 2015
... ... 8: Remedies for breach ... (1) The insurer has a remedy against the insured for a breach of the ... (2) Such a representation is not capable of being converted into a warranty by means of any provision of the non-consumer insurance contract (or of ... ...
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Sale of Goods Act 1893
... ... When condition to be treated as warranty. 11 When condition to be treated as warranty ... (1) —(1.) In ... may elect to treat the breach of such condition as a breach ... of warranty, and not as a ground for ... ...
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Sale of Goods Act 1979
... ... 11: When condition to be treated as warranty ... (F31) This section does not apply to Scotland ... (2) Where a ... , the buyer may waive the condition, or may elect to treat the breach of the condition as a breach of warranty and not as a ground for treating ... ...
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Marine Insurance Act 1906
... ... Warranties, &c ... 33: Nature of warranty ... (1) A warranty, in the following sections relating to warranties, ... 4), ss. 10(7)(a), 23(2) (with s. 22(2)) ... 34: When breach of warranty excused ... ...
- The Law Commission Working Paper No. 73: Non‐Disclosure and Breach of Warranty in Insurance Law
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Reconstructing Insurance Law: The Law Commissions' Consultation Paper
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non‐disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commission...... ... Insurance C ontract Law : Misrepre sentation , Non-Disclosu re and Breach of W arranty bythe Insure d (2007), http://www .lawcom.gov ... W ARRANTIES OF FA CT A warranty of fact is simply a pre-contract r epresentation w hich has been con- ... ...
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Reports of Committees
... ... 1959, Department of Health Review of Non-Disclosure and Breach of Warranty in Insurance Law, Law Com- Penal System, Report ... ...
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THE PROTECTION OF THE PURCHASER AND CONSUMER UNDER THE LAW OF THE U.S.A.*
... ... be convenient to do so under three heads, negligence, breach of warranty, and strict liability in tort. But it must be ... ...
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Measure of Damages for Breach of Warranty
Oversea-Chinese Banking Corporation Ltd v ING Bank NV [2019] EWHC 676 (Comm) saw a creative argument put forward in the High Court regarding the measure of damages for breach of warranty in a share...
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M&A Dispute Provides Rare Glimpse Into English Courts’ Approach to Breach of Warranty Claims
English M&A counsel are often heard telling their clients that breach of warranty claims will likely settle out of court. This certainly seems to have been the case in the past, and we are all awar...
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Breach of Warranty Claims – Teoco UK Limited (Claimant) v Aircom Jersey 4 Limited and Aircom Global Operations Limited (Defendants) [2015] EWHC (Ch)
In the recent case of Teoco UK Limited v Aircom Jersey 4 Limited and Aircom Global Operations Limited [2015] EWHC (Ch), the High Court considered the validity of breach of warranty claim notificati...
- Breach Of Warranty Is Not Misrepresentation