Warranty or Condition in UK Law

Leading Cases
  • Cammell Laird & Company Ltd v Manganese Bronze and Brass Company Ltd
    • House of Lords
    • 27 Mar 1934

  • Hill (Christopher) Ltd v Ashington Piggeries Ltd (Description)
    • House of Lords
    • 24 Feb 1971

    It is open to the parties to use a description as broad or narrow as they choose. 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.

  • Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
    • House of Lords
    • 08 May 1968

    "(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.

  • Alan Bate v Aviva Insurance Uk Ltd
    • Queen's Bench Division (Commercial Court)
    • 17 Jun 2013

    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.

  • Samuel (P.) & Company Ltd v Dumas
    • House of Lords
    • 25 Feb 1924

    It may well be that, when two persons are jointly insured and their interests are inseparably connected so that a loss or gain necessarily affects them both, the misconduct of one is sufficient to contaminate the whole insurance ( Phillips on Marine Insurance, vol.

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Legislation
  • Sale of Goods Act 1893
    • UK Non-devolved
    • January 01, 1893
    ...... . (2) . (2.) A contract of sale may be absolute or conditional. . (3) . (3.) Where under a contract of sale the property in the goods ...month. S-11 . When condition to be treated as warranty. 11 When condition to be treated as warranty. . (1) —(1.) In England ......
  • Hire-Purchase Act 1964
    • UK Non-devolved
    • January 01, 1964
    ...... have been let or agreed to be sold by way of hire-purchase or conditional sale; to amend the Advertisements (Hire-Purchase) Act 1957; and for ...or undertaking, whether constituting a condition or a warranty. or not, and references to making representations shall be. construed ......
  • Insurance Act 2015
    • UK Non-devolved
    • January 01, 2015
    ......) 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. . . ......
  • Consumer Rights Act 2015
    • England & Wales
    • January 01, 2015
    ...... . . (c) contracts that are absolute and contracts that are conditional. . (6) Subsection (1) is subject to any provision of this Chapter that ... 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 ......
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Books & Journal Articles
  • CODES OF PRACTICE
    • Nbr. 40-6, November 1977
    • The Modern Law Review
    ...... innocent, immaterial non-disclosures or breach of warranty and to avoid a claim for innocent, immaterial breach of ... 69) that the terms and conditions of insurance policies be subject to the fair and reasonable ......
  • A Note On Section 14 (1) And (2) Of The Sale Of Goods Act, 1893
    • Nbr. 22-5, September 1959
    • The Modern Law Review
    ...... of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any ......
  • The Revised Statements of Insurance Practice
    • Nbr. 49-6, November 1986
    • The Modern Law Review
    ......warranty despite the absence of any nexus between the breach and ... Claims “2 (a) Under the conditions regarding notification of a claim, the policyholder shall not ......
  • MISTAKE IN THE CONSTRUCTION OF CONTRACTS
    • Nbr. 24-4, July 1961
    • The Modern Law Review
    ......, the sale of goods, the seller by giving an express warranty as to the facts about which the parties are mistaken, may have ... Hastie 2o the argument that there was an implied condition prece- dent that the goods were in existence at the time the ......
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Law Firm Commentaries
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