Breach of Warranty in UK Law

Leading Cases
  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 Jul 1973

    But in construing such a contract one starts with the presumption that neither party intends to abandon any remedies for its breach arising by operation of law, and clear express words must be used in order to rebut this presumption.

  • Bottin (International) Investments Ltd v Venson Group Plc and Others
    • Court of Appeal (Civil Division)
    • 22 Oct 2004

    That purpose would be frustrated if the claim for breach of warranty could be regarded as a claim in misrepresentation.

  • Sameer Karim and Another v Douglas MacDuff Wemyss
    • Court of Appeal (Civil Division)
    • 28 Ene 2016

    Before delving into the details of the way in which the damages claim was put I think that it is necessary to set out a few principles. The claim was put both as a claim for breach of warranty (i.e. a claim in contract) and also as a claim for misrepresentation (i.e. a claim in tort). The measure of damages differs according to which cause of action is in play. But in the case of a claim in tort, the measure of damages is the difference between the true value of the asset and the price paid.

  • Doyle v Olby (Ironmongers) Ltd
    • Court of Appeal (Civil Division)
    • 31 Ene 1969

    In contract, the damages are limited to what may reasonably be supposed to have been in this contemplation of the parties. The defendant is bound to make reparation for all the actual damages directly flowing from the fraudulent inducement. All such damages can be recovered: and it does not lie in the mouth of the fraudulent person to say that they could not reasonably have been foreseen.

    The proper starting point for any Courtdefrauded person is to compare his position before the representation was made to him with his position after it, brought about by that representation, always bearing in mind that no element in the consequential position can be regarded as attributable loss and damage if it be too remote a consequence: it will be too remote not necessarily because it was not contemplated by the representor but in any case where the person deceived has not himself behaved with reasonable prudence, reasonable common sense or can in any true sense be said to have been the author of his own misfortune.

  • RWE Nukem Ltd v AEA Technology Plc
    • Queen's Bench Division (Commercial Court)
    • 28 Ene 2005

    However, consistent with Mr. Rowley's submissions, I would expect that a compliant notice would identify the particular warranty that was alleged to have been breached; I would expect that, at least in general terms, the notice would explain why it had been breached, with at least some sort of particularisation of the facts upon which such an allegation was based, and would give at least some sort of indication of what loss had been suffered as a result of the breach of warranty, or, in other words, in the language of paragraph 1 of Schedule 9, some sort of description of the "liability for breach of the Warranties" that it was alleged that AEAT had incurred.

  • Freeman & Lockyer (A Firm)(Plaintiffs) Buckhurst Park Properties (Mangal) Ltd and Shiv Kumar Kapoor (Defendants)
    • Court of Appeal
    • 24 Ene 1964

    In this case the company has known of and acquiesced in the agent professing to act on its behalf, and thereby impliedly representing that he has the company's authority to do so. The company is considered to have made the representation, or causod it to be made, or at any rate to be responsible for it. Accordingly, as against the other contracting Party, who has altered his position in reliance on the representation, the company is estopped from denying the truth of the representation.

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Legislation
  • Insurance Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... S-8 . Remedies for breach 8 Remedies for breach . (1) The insurer has a remedy against the ...) 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 ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... (9) See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a ... SCH-1.10 . 10 In section 11 (when condition to be treated as warranty), after subsection (4) insert- . . "(4A) Subsection (4) does not apply to ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ......month. S-11 . When condition to be treated as warranty. 11 When condition to be treated as warranty. . (1) Subsections (2) to ...may elect to treat the breach of the condition as a breach of. warranty and not as a ground for treating ......
  • Supply of Goods (Implied Terms) Act 1973
    • UK Non-devolved
    • 1 de Enero de 1973
    ......is to pass; and. .   . ( b . ) an implied warranty that the goods are free,. and will remain free until the time when the. ...any liability of the seller for breach of a condition. or warranty implied by any provision of that section. . ......
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Books & Journal Articles
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Law Firm Commentaries
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