Contract for Sale in UK Law

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

  • Johnson v Agnew
    • House of Lords
    • 08 Mar 1979

    (2) The general principle for the assessment of damages is compensatory, i.e. that the innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. But this is not an absolute rule: if to follow it would give rise to injustice, the court has power to fix such other date as may be appropriate in the circumstances.

  • Nova (Jersey) Knit Ltd v Kammgarn Spinnerei G.m.b.H.
    • House of Lords
    • 16 Feb 1977

  • Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA
    • House of Lords
    • 18 Mag 1978

    In my opinion the clause may very appropriately and should be regarded as such an intermediate term: to do so would recognise that while in many, possibly most, instances, breach of it can adequately be sanctioned by damages, cases may exist in which, in fairness to the buyer, it would be proper to treat the cancellation as not having effect. On the other hand, always so to treat it may often be unfair to the seller, and unnecessarily rigid.

  • Property & Bloodstock Ltd v Emerton ; Bush and Another v Property & Bloodstock Ltd and Others
    • Court of Appeal (Civil Division)
    • 08 Mag 1967

    The actual decision of Mr. Justice Crossman in Lord Waring's case was: (1) that a mortgagee's exercise of his power under section 101 (1) (i) of the Law of Property Act, 1925, to sell the mortgaged property by public auction or private contract is binding en the mortgagor before completion unless it is provedthat he exercised it in had faith; and (2) that the fact that a contract for sale was entered into at an under-value is not by itself enough to prove bad faith.

  • Bunge Corporation New York v Tradax Export S.A. Panama
    • House of Lords
    • 07 Mag 1981

    But I do not doubt that, in suitable cases, the courts should not be reluctant, if the intentions of the parties as shown by the contract so indicate, to hold that an obligation has the force of a condition, and that indeed they should usually do so in the case of time clauses in mercantile contracts.

  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Dic 1931

    There are certain contracts expressed by the law to be contracts of the utmost good faith where material facts must be disclosed; if not the contract is voidable. Apart from special fiduciary relationships contracts for partnership and contracts of insurance are the leading instances. In such cases the duty does not arise out of contract; the duty of a person proposing an insurance arises before a contract is made; so of an intending partner.

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Books & Journal Articles
  • Rescission Of A Contract Of Sale Of Goods
    • Numero 22-1, January 1959
    • The Modern Law Review
    THE case of Long v. Lloyd,1 noted by Mr. Grunfeld in 21 M.L.R. p. 550, is of such interest that a further Note on it may not be superfluous. It is unnecessary to set the facts out again in detail. ...
  • Acquiring Property Rights from Uncompleted Sales of Lane
    • Numero 61-4, July 1998
    • The Modern Law Review
    ...... that through the application of equity’s maxim ‘equity regards as done that which ought to be done’ a specifically enforceable contract for sale of land vests in the purchaser an equitable interest in the land. The availability of specific performance satisfies equity that the ......
  • Notes of Cases
    • Numero 25-6, November 1962
    • The Modern Law Review
    ...... Each employee is, of course, contractually entitled to such notice of dismissal as his contract of ... purchase price (after payment of the costs of the sale) was to 1 [1962] 3 W.L.R. 666; [lS69] 9 All E.R. 929. a The ......
  • Sale By Sample—A Distinction Without A Difference?
    • Numero 44-4, July 1981
    • The Modern Law Review
    ...... most common situation has been that in which the seller abstracts a small quantity from a large bulk; the contract is then satisfied by the abstraction of a larger quantity from the same bulk. Less frequently, the contract may be for ......
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Law Firm Commentaries
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