Breach of Warranty in UK Law

  • Esso Petroleum Company Ltd v Mardon
    • Court of Appeal (Civil Division)
    • 06 Febrero 1976
    ... ... put in two ways: First, that the representation was a collateral warranty. Second, that it was a negligent misrepresentation. I will take them in ... as no person of skill or experience should have made, there is a breach of warranty. Just as there is a breach of warranty when a forecast is made ... ...
  • Parsons (H.) (Livestock) Ltd v Uttley Ingham & Company Ltd
    • Court of Appeal (Civil Division)
    • 18 Mayo 1977
    ... ... it depends on what could "reasonably be foreseen at the time of the breach". But the Judge did not think either of those tests was applicable. He ... He held that this was an "absolute warranty" and that, in case of a breach, the seller was liable for all the damage ... ...
  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 Julio 1973
    ... ... the balance of £4,532 alleging that the sub-contractors were in breach of their contract in respect of delay and bad workmanship. In respect of ... that the contractors have valid claims in respect of breaches of warranty by the sub-contractor of the time of completion of their work and of the ... ...
  • Jarvis v Swans Tours Ltd
    • Court of Appeal (Civil Division)
    • 18 Octubre 1972
    ... ... , there is a remedy in damages for misrepresentation as well as for breach of warranty ... 10 The onequestion in the case is: What ... ...
  • HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
    • Court of Appeal (Civil Division)
    • 21 Mayo 2001
    ... ... number of films are to be produced, and if so, is that term a warranty? Where the reinsurance contract is to be found in a slip which ... the clause is of comparatively narrow width, that it does not cover breach of warranty or negligent misrepresentation or non-disclosure, and that in ... ...
  • Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
    • Court of Appeal
    • 20 Diciembre 1961
    ... ... is not surprising that the judgment finds that the owners were in breach of the obligations under clause 1 of the charter. The same facts and ... a shipowner) have been able to recover damages as for a breach of warranty. It would be unthinkable that all the relatively trivial matters which ... ...
  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 Mayo 1932
    ... ... Lake & Elliot , 106, L.T. 533 , in these terms: "The breach of the Defendant's contract with A. to use care and skill in the ... case of a consumer who was also a purchaser no contract and no warranty of fitness and in the case of the purchase of a specific article under its ... ...
  • Waugh v H.B. Clifford & Sons Ltd
    • Court of Appeal (Civil Division)
    • 21 Diciembre 1981
    ... ... with a Statement of Claim claiming damages for negligence and breach of contract for building and internal walls and the party wall of the two ... as Second Defendants claiming against them damages for breach of warranty of authority. The Second Defendants joined issue. The learned ... ...
  • Forsikringsaktieselskapet Vesta v Butcher
    • Court of Appeal (Civil Division)
    • 30 Octubre 1987
    ... ... At all material times Fjordlaks was in breach of that clause. The clause was a safety regulation within the meaning of ... pay their 90% on the ground that the 24-hour watch clause was a warranty in a contract governed by English law and the breach entitled them to ... ...
  • Doyle v Olby (Ironmongers) Ltd
    • Court of Appeal (Civil Division)
    • 31 Enero 1969
    ... ... The judge held that this was not a breach of the restrictive covenant, though I am not so sure about it ... can be recovered for such a breach of contract as a breach of warranty as to the quality or value or condition of goods or premises sold, and the ... ...
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