Sale of Goods in UK Law
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Johnson v Agnew
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(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.
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Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
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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.
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Hill (Christopher) Ltd v Ashington Piggeries Ltd (Description)
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They should be treated rather as illustrations of the application to simple types of contract of general principles for ascertaining the common intention of the parties as to their mutual promises and their consequences, which ought to be applied by analogy in cases arising out of contracts which do not appear to have been within the immediate contemplation of the draftsman of the Act in 1893.
But ultimately the test is whether the buyer could fairly and reasonably refuse to accept the physical goods proffered to him on the ground that their failure to correspond with that part of what was said about them in the contract makes them goods of a different kind from those he had agreed to buy.
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Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
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If the description is a familiar one it may be that in practice only one quality of goods answers that description —then that quality and only that quality is merchantable quality. Or it may be that various qualities of goods are commonly sold under that description—then it is not disputed that the lowest quality commonly so sold is what is meant by merchantable quality: it is commercially saleable under that description.
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White and Carter (Councils) Ltd v McGregor
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A much closer parallel with the present case is a contract to sell future, or unascertained goods In this case there can be no appropriation of, and therefore passing of property, in the goods without the assent of both buyer and seller. If therefore the buyer repudiates the contract before appropriation, or refuses his assent to appropriation, there can be no passing of property. The seller is then confined to an action of damages for breach of contract.
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Bell v Lever Bros Ltd
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Corresponding to mistake as to the existence of the subject matter is mistake as to title in cases where unknown to the parties the buyer is already the owner of that which the seller purports to sell to him. To such a case Lord Westbury applied the principle that if parties contract under a mutual mistake and misapprehension as to their relative and respective rights the result is that the agreement is liable to be set aside as having proceeded upon a common mistake.
- Sale of Goods Act 1893
- Sale of Goods Act 1979
- Sale of Goods (Amendment) Act 1995
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Misrepresentation Act 1967
...... to innocent misrepresentations and to amend sections 11 and 35 of the Sale of Goods Act 1893.[22nd March 1967] . 1: Removal of certain bars to ......
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Rescission Of A Contract Of Sale Of Goods
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. ...
- THE CONDITION AS TO TITLE IN SALE OF GOODS
- The Sale of Goods by Description — A Return to Caveat Emptor?
- The Exclusion Of Section 12 (1) Of The Sale Of Goods Act
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A supply of software can be a sale of goods
The High Court held, in The Software Incubator v Computer Associates [2016] EWHC 1587 (QB), that a supply of commoditised software is a sale of goods for the purposes of the Commercial Agents (Coun...
- The Supreme Court Decision In OW Bunkers When A Sale Of Goods Is Not A Sale Of Goods
- When Is A 'Contract For The Sale Of Goods' Not A Contract Of Sale Of Goods?
- Shipbuilding Contracts Limitation Periods And Sale Of Goods Act
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sheet
Commercial Court forms including claims and application notices....... . . aviation. . . carriage of goods by land, sea, air or pipeline . . . commercial fraud . . ... . . provision of financial services . . . sale of goods. . . shipping - charter party dispute . . . ......
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Notice of Admission - return of goods (Hire-purchase or conditional sale)
County Court forms including the N1 money claim form.
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Notice of claim to goods taken under control
Enforcement forms including forms used by judges....... . . of ……………………………………………………………………….. . . has claimed [the proceeds of sale or value of] the goods [or the following goods] (specify the goods here). . . . . . . . . taken control of under ......
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Notice of withdrawal from possession or payment over of moneys, on notice of receiving or winding-up order
County Court forms including the N1 money claim form....... . . of the goods seized under the warrant of control issued in this action against the ... to the Official Receiver/Trustee/Liquidator appointed the proceeds of sale [or the. . . money paid in order to avoid a sale] of the goods ......