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Search Results for: Sale of Goods Act 1979 49
Egan v Motor Services (Bath) Ltd: CA 18 Oct 2007
The claimant bought an Audi car from new. He sought to reject it, but now appealed a finding that there was nothing wrong with it. He had said that it pulled to the left. The defendant’s tests showed no such tendency. His own independent test supported his assertion, saying it was uncharacteristic and unacceptable. The … Continue reading Egan v Motor Services (Bath) Ltd: CA 18 Oct 2007
PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016
Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016
Angara Maritime Ltd v Oceanconnect UK Ltd and Another: QBD 29 Mar 2010
The court was asked as to the application of Section 25(1) of the Sale of Goods Act 1979 when an unpaid supplier of bunkers to a time charterer claims against the owner of the vessel. Held: The issue was whether as a matter of fact there was a voluntary act by the buyers in possession … Continue reading Angara Maritime Ltd v Oceanconnect UK Ltd and Another: QBD 29 Mar 2010
Spalding (A G ) and Brothers v A W Gamage Ltd: HL 1915
The House considered the requirements for the tort of passing off. The judge has the sole responsibility for deciding whether anybody has been misled. He will hear evidence, but must not surrender his assessment to others.Lord Parker said: ‘This principle is stated by Lord Justice Turner in Burgess v Burgess (LR 14 CD p. 748) … Continue reading Spalding (A G ) and Brothers v A W Gamage Ltd: HL 1915
J and H Ritchie Ltd v Lloyd Ltd: HL 7 Mar 2007
The appellants had bought a seed drill from the respondents. It had been repossessed but sold as near new. A fault was noticed after two days use, and it was returned. The defendants repaired it without agreeing this with the appellant, and then refused to say what the repair had been. The claimant now appealed … Continue reading J and H Ritchie Ltd v Lloyd Ltd: HL 7 Mar 2007
Liesbosch Dredger (Owners of) v Owners of SS Edison, The Liesbosch: HL 28 Feb 1933
The ship Edison fouled the moorings of the Liesbosch resulting in the total loss of the dredger when it sank. It had been engaged on work in the harbour under contract with the harbour board. All the owners’ liquid resources were engaged in the contract, and their deposit under the contract was forfeit if the … Continue reading Liesbosch Dredger (Owners of) v Owners of SS Edison, The Liesbosch: HL 28 Feb 1933
Commissioners of Customs and Excise v Newbury: Admn 3 Mar 2003
The commissioner appealed a finding that a car and other goods they had forfeited should be returned. The owner said that matters had been imported for personal use under the directive. Held: The directive had direct effect and precedence over English Law. The appellant had to behave in a proportionate manner (Louloudakis). The tribunal had … Continue reading Commissioners of Customs and Excise v Newbury: Admn 3 Mar 2003
PLG Research Ltd and Another v Ardon International Ltd and Others: ChD 25 Nov 1994
A patent infingement claim was met by the assertion that the material covered had been disclosed before the patent had been obtained. The court was asked as to the test of whether the information in a claim had been disclosed. Aldous J said: ‘Mr. Thorley submitted that if a product had been made available to … Continue reading PLG Research Ltd and Another v Ardon International Ltd and Others: ChD 25 Nov 1994
Harry and Garry Ltd v Jariwalla: CA 1988
English buyers, Harry and Garry, had under contracts of sale received a quantity of sarees which they found defective and in respect of which they had not yet accepted the relevant bills of exchange, by reference to which, it appeared, the Indian sellers, the Jariwallas, had however already succeeded in raising some monies in India. … Continue reading Harry and Garry Ltd v Jariwalla: CA 1988
Brayhead (Ascot) Ltd v Berkshire County Council: CA 1964
Planning permission had been granted subject to conditions, but no reasons had been given for the imposition of those conditions. The Order required the local planning authority to state its reasons in writing if it decided to grant planning permission subject to conditions. It was argued that the lack of reasons meant that the conditions … Continue reading Brayhead (Ascot) Ltd v Berkshire County Council: CA 1964
Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
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
Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others: CA 30 Apr 2002
The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard. Held: The use of the British Standard of itself was not sufficient to imply any warranty of satisfactory quality or fitness for purpose upon which a purchaser … Continue reading Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others: CA 30 Apr 2002
PST Energy 7 Shipping Llc Product Shipping and Trading SA v OW Bunker Malta Ltd and Others: CA 22 Oct 2015
The oil owners had contracted for its transport with OWBM aboard Res Cogitans under standard terms which would allow the captain to use the oil for navigation before transfer of the title in the oil. The court was now asked whether the agreement amounted to a sale governed by 1979 Act allowing for a claim … Continue reading PST Energy 7 Shipping Llc Product Shipping and Trading SA v OW Bunker Malta Ltd and Others: CA 22 Oct 2015
Rylands v Fletcher: HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages. Held: The defendant was bound ‘sic uit suo ut non laedat alienum’. ‘The defendants, treating them as the owners … Continue reading Rylands v Fletcher: HL 1868
Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000
Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages. Held: Even though Wang had been ready to amend one or two of its … Continue reading Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000
Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users. Held: Amstrad could only be liable as a joint tortfeasor. If they were not a joint tortfeasor they would be under no tortious liability. … Continue reading CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988
Stewart v Perth and Kinross Council: HL 1 Apr 2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Harlingdon and Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd: CA 15 Dec 1989
The defendant auctioneer sold a painting to the plaintiff which turned out to be a forgery. The plaintiff appealed against a finding that it had not relied upon the attribution, saying that there had been a breach of the requirement that the paintig . .
Swiss Bank Corporation v Lloyds Bank Ltd: CA 1981
An equitable charge is created when property is expressly or constructively made liable to the discharge of a debt or some other obligation, and the charge confers on the chargee a right of realisation by judicial process such as a sale order. . .
British Steel Corporation v Granada Television Ltd: HL 7 May 1980
The defendant had broadcast a TV programme using material confidential to the plaintiff, who now sought disclosure of the identity of the presumed thief.
Held: (Lord Salmon dissenting) The courts have never recognised a public interest right . .
Rock Advertising Ltd v MWB Business Exchange Centres Ltd: SC 16 May 2018
The parties disputed whether a contract (licence to occupy an office) had been varied by an oral agreement, where the terms prohibited such.
Held: The ‘no oral variation’ clause applied. Such clauses were in common commercial use and served a . .
Bunge Sa v Nidera Bv: SC 1 Jul 2015
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
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