Warranty or Condition in UK Law

  • Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
    • House of Lords
    • 08 Mayo 1968
    ... ... (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 ... that the seller knew of the defect or for breach of express warranty (warrantizando vendidit). But with the growing complexity of trade ... ...
  • Hill (Christopher) Ltd v Ashington Piggeries Ltd (Description)
    • House of Lords
    • 24 Febrero 1971
    ... ... for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; �" ... ; nevertheless, it was held that the suppliers gave an implied warranty under section 14(1) that they would be reasonably fit to be used in the ... ...
  • Samuel (P.) & Company Ltd v Dumas
    • House of Lords
    • 25 Febrero 1924
    ... ... the values of the hull and machinery as stated herein, but this warranty shall not restrict the assured's right to cover … (2) Freight ... That clause contained a warranty or condition that the amount insured on freight, etc. (p.p.i. or f.i.a.) should not ... ...
  • 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 ... There can be no doubt that the plaintiffs fulfilled the second condition for Hedley Byrne liability. On the evidence they clearly assumed ... ...
  • M'Alister or Donoghue (Pauper) v Stevenson
    • House of Lords
    • 26 Mayo 1932
    ... ... that unless he used ordinary care and skill with regard to the condition of the thing supplied or the mode of supplying it there will be danger of ... 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 ... ...
  • Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
    • Court of Appeal
    • 20 Diciembre 1961
    ... ... the diesel engines and other machinery were in reasonably good condition on the 13th February, 1957, he found that by reason of their age the ... 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 ... ...
  • Cehave N.v v Bremer Handelgesellschaft m.b.H. (Hansa Nord)
    • Court of Appeal (Civil Division)
    • 16 Julio 1975
    ... ... 7: "Shipment to be made ingood condition Each shipment shall be considered a separate contract" ... 3 ... sale of goods, a stipulation must either be a 'condition' or a 'warranty' and that there could be no tertium quid. Accepting that distinction, he ... ...
  • Wickman Machine Tool Sales Ltd v L. Schuler A.G.
    • House of Lords
    • 04 Abril 1973
    ... ... ( b ) It shall be condition of this Agreement that:— (i) Sales shall send its ... The word "warranty" if used by a proposer or an insured person in reference to such a ... ...
  • Parsons (H.) (Livestock) Ltd v Uttley Ingham & Company Ltd
    • Court of Appeal (Civil Division)
    • 18 Mayo 1977
    ... ... goods should be reasonably fit for the purpose under the implied condition of Section 14(1) of the Sale of Goods Act 1893 as it then was. He held t this was an "absolute warranty" and that, in case of a breach, the seller was liable for all the damage ... ...
  • Watts v Morrow
    • Court of Appeal (Civil Division)
    • 30 Julio 1991
    ... ... found the overall dwelling house to be sound, stable and in good condition. Attention is particularly required to the sometime eradication of wood ... That reply was not relied upon as constituting a warranty, whether express or implied ... 12 (viii) In reliance upon the report ... ...
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