Couchman v Hill
| Jurisdiction | England & Wales |
| Year | 1947 |
| Date | 1947 |
| Court | Court of Appeal |
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39 cases
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Mendelssohn v Normand Ltd
... ... Lord Justice Edmund Davies and ... Lord Justice Phillimore ... In The Supreme Court of Judicature Court of Appeal ... Mr. D.H. HILL-SMITH (instructed by Messrs. Berry mans) appeared on behalf of the Appellant Defendants ... Mr. RICHARD YORKE (instructed by Messrs. Randall Rose & ... In all such cases the man is not allowed to repudiate his representation by reference to a printed condition, see Couchman v. Hill (1947 1 K.B. 554); and Curtis v. Chemical Cleaning and Dyeing Company (1951 1 K.B. 805); and Harling v. Eddy (1951 2 K.B. 739); nor is he ... ...
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Reardon Smith Line Ltd v Yngevar Hansen-Tangen (trading as H. E. Hansen-Tangen)
...constitutes a substantial ingredient of the "identity" of the thing sold, and only if it does to treat it as a condition (see Couchman v. Hill [1947] 1 K.B. 554, 559, per Scott L.J.). I would respectfully endorse what was recently said by Roskill L.J. "In principle it is not easy to see why......
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Harlingdon and Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd
...where such a common intention can be imputed, the relevant term of the contract will be a condition as opposed to a mere warranty. 68 In Couchman v. Hill (1947) 1 KB 554 (at p.559) Scott L.J. said: "…..as a matter of law, I think every item in a description which constitutes a substantial......
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1 books & journal articles
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Agreements in Writing
...6 DLR (3d) 705 (Sask CA). 207 City and Westminster Properties (1934) Ltd v Mudd , [1959] Ch 129. 208 See, for example, Couchman v Hill , [1947] KB 554; Webster v Higgin , [1948] 2 All ER 127; Harling v Eddy , [1951] 2 KB 739; J Evans & Son (Portsmouth) Ltd v Merzario (Andrea) Ltd , [1976] 1......