Warranty or Condition in UK Law
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Cammell Laird & Company Ltd v Manganese Bronze and Brass Company Ltd
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Such a reliance must be affirmatively shown; the buyer must bring home to the mind of the seller that he is relying on him in such a way that the seller can be taken to have contracted on that footing. The reliance is to be the basis of a contractual obligation.
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Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
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"(1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies upon the sellers' skill or judgment, and the goods are of a description which it is in the course of the sellers' business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose.
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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Alan Bate v Aviva Insurance Uk Ltd
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Mr Cockerton had a senior position in a well — known firm and is good at his job. He is liked and respected by those at Aviva with whom he dealt. In cross -examination he was at first confident, clear and convincing. I have no reason to doubt his evidence about more general matters. When the questions turned to the letters and the fax Mr Cockerton seemed a different man.
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Hill (Christopher) Ltd v Ashington Piggeries Ltd (Description)
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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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Sale of Goods Act 1893
... ... take place at a future time or subject to some condition thereafter ... to be fulfilled the contract is called an agreement to ... When condition to be treated as warranty. 11 When condition to be treated as warranty ... (1) —(1.) In ... ...
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Insurance Act 2015
... ... (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 ... ascertainable time something is to be done (or not done) , or a condition is to be fulfilled, or something is (or is not) to be the case, and(b) ... ...
- Hire-Purchase Act 1964
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Sale of Goods Act 1979
... ... the goods is to take place at a future time or subject to some condition later to be fulfilled the contract is called an agreement to sell ... 11: When condition to be treated as warranty ... (1) This section does not apply to Scotland ... (2) Where a ... ...
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Section 11 of the Insurance Act 2015: A Work in Progress on the Doorstep of the Marine Insurance Industry
British marine insurance law has been codified over a century by the Marine Insurance Act 1906. And although it becomes apparent that it embodies some basic principles of common law, on the other h...... ... The key nature of a warranty has been codified through several cases by the courts1until finally, it ... some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby the assured affirms or negatives the ... ...
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CODES OF PRACTICE
... ... innocent, immaterial non-disclosures or breach of warranty and to avoid a claim for innocent, immaterial breach of ... in providing that breach of any warranty or condition is inoperative unless related to a loss. This could be ... ...
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A Note On Section 14 (1) And (2) Of The Sale Of Goods Act, 1893
... ... of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any ... ...
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The Revised Statements of Insurance Practice
... ... warranty despite the absence of any nexus between the breach and ... ; (iii) on ground of a breach of warranty or condition where the circumstances of the loss are unconnected with the ... ...
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Warranties And Conditions Precedent - Take Care
... ... Under warranty ... A warranty is a clause which goes to the root of the reinsurance ... and the court may construe the provision as a 'suspensive condition'. A suspensive condition is one that merely suspends the risk until the ... ...
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Personal Injury Claims And Corporate Insolvency
... ... their insolvent policyholder, i.e if there was a breach of a warranty or condition precedent ... However, "technical" defences will not be ... ...
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Recent Developments In The Construction Insurance Market: Additional Protections For Consultants, Contractors And Third Parties?
... ... Remedies for breach of warranty and breach of condition ... Under the MIA 1906 an insurer could decline ... ...
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Insurance Law - ICOB - Are You Ready?
... ... breach of a warranty or condition, where the circumstances of the loss are unconnected to the ... ...