Hepburn v Law: SCS 12 Jul 1913
Citations: [1913] ScotCS CSIH – 4, [1913] SLR 342 Links: Bailii, Bailii Statutes: Sale of Goods Act 1893 Jurisdiction: Scotland Contract Updated: 21 July 2022; Ref: scu.279308
Citations: [1913] ScotCS CSIH – 4, [1913] SLR 342 Links: Bailii, Bailii Statutes: Sale of Goods Act 1893 Jurisdiction: Scotland Contract Updated: 21 July 2022; Ref: scu.279308
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003
Court to seek and Apply Parliamentary Intention The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act. Held: The challenge failed. The court was to give effect to the intentions of … Continue reading Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance): HL 13 Mar 2003
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The defendant agreed to buy from the plaintiff a self binder reaping machine, which the defendant had not seen, but which the plaintiff told him had been new the previous year and was represented to have only been used to cut 50 or 60 acres. On delivery the machine was rejected by the defendant, who … Continue reading Varley v Whipp: QBD 1900
The sellers had agreed to sell 500 tonnes of bolita beans cif Le Havre. In the event only 445 tonnes were discharged at Le Havre and the remaining 55 tonnes were on-carried to Rotterdam. The documents in respect the 500 tonnes were presented but rejected on the ground that they did not contain a quality … Continue reading Berger and Co Inc v Gill and Duffus SA (No 2): HL 1984
It being found that the plaintiff buyer had not relied on the inaccurate descriptive name for boots purchased, the sale was not one by description. Sellers J (1947) 64 TLR 150 Sale of Goods Act 1893 13 England and Wales Cited by: Cited – Harlingdon and Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd … Continue reading Joseph Travers and Sons Ltd v Longel Ltd: 1947
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The question for the court was whether the sale of … Continue reading Stevenson and Another v Rogers: CA 8 Dec 1998
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006
Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula. Held: There was reliance as to the suitability of the ingredients only.Lord Diplock said: ‘Unless the Sale of Goods Act 1893 is to be allowed to fossilise the law and to restrict the freedom of choice of … Continue reading Christopher Hill Ltd v Ashington Piggeries Ltd: HL 1972
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
A contracted to build and sell, and B to purchase, two ships, which were to be paid for by instalments and built under the supervision of B’s inspector. C arrested the ships when approaching completion for an alleged debt of B’s to him. A petitioned for recal of the arrestments. Held that under the Sale … Continue reading Barclay, Curle and Co Ltd v Sir James Laing and Sons Ltd: HL 25 Nov 1907
Corbisa sold maize to Pagnan on cif terms, with extensions, the shipment period ended on 22 August 1965. The sellers failed to ship in time. On 21 September 1965 the parties met and the buyers agreed to accept a consignment on a named vessel if satisfied with its condition on arrival at Venice. Part was … Continue reading R Pagnan and Fratelli v Corbisa Industrial Agropacuaria Limitada: CA 1970
The company appealed a finding that it was in breach of the 1979 Act. The deceased had bought boilers from the appellant. They were said not to be satisfactory, in that they were not as energy efficient as they had been described to be. Held: The purchaser himself had skills to assess what he bought … Continue reading Jewson Limited v Boyhan as Personal Representative of the Estate of Thomas Michael Kelly: CA 28 Jul 2003
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003
Disapplication of Without Prejudice Rules The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for the sum still due after the sale of the … Continue reading Bradford and Bingley Plc v Rashid: HL 12 Jul 2006
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, and that the ship was fit to charter. Held: ‘authority over many decades and reason support the … Continue reading Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd: CA 20 Dec 1961
Contractor not bound to accept Renunciation Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. Held: Where a party is in renunciatory … Continue reading White and Carter (Councils) Ltd v McGregor: HL 6 Dec 1961
Unilateral Contract Liability The defendants advertised ‘The Carbolic Smoke Ball,’ in the Pall Mall Gazette, saying ‘pounds 100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by taking cold, after having used the ball three times daily for two … Continue reading Carlill v Carbolic Smoke Ball Co: CA 7 Dec 1892