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It bought a second-hand car from United Dominions Trust, as a company car driver by Mr Bell, the managing director. The car roof leaked, a breach of section 14(3) of the Sale of Goods Act 1979. An exemption clause in the contract for the car provided that the implied conditions about fitness for purpose were excluded.
Car and Universal Finance Co Ltd v Caldwell [1965] 1 QB 525 is an English contract law case concerning misrepresentation. It holds that an unequivocal act communicating the wish to rescind a contract can override third party rights. The communication does not need to go to the misrepresentor.
The Court of Appeal held that the statement of how many miles were done was a term of the contract because the Harold Smith (Motors) Ltd were car dealers and in a better position to know than the claimant about the truth of the statement. This affects the parties' intention to incorporate a term into a contract. Lord Denning MR said the following.
Case opinions; With respect to contracts to supply goods, while quality issues or contamination do not made a good different in definition, there is a reasonable expectation of quality where goods suppliers know the purpose of a good and have reason to know the risks. (Manningham-Buller dissenting.) Keywords; contract law
Hollier v Rambler Motors (AMC) Ltd [1971] EWCA Civ 12 is an English contract law case, concerning the incorporation of terms into a contract and the contra proferentum rule of interpretation. It shows an example of a very hostile interpretation of exclusion clauses.
Daulia Ltd wanted to buy the premises on Millbank, London from Four Millbank Nominees Ltd, who were mortgagees in possession.Formal contracts were never exchanged, but Daulia argued they did obtain a unilateral contract by the first defendants that they would enter into a written contract of sale, if they attended Four Millbank's offices with a draft contract on terms already negotiated and a ...
Mr. Wallis viewed a used Buick car that was being sold by Stinton for £600. Wallis found the car to be in excellent condition, and agreed that he would buy the car if Stinton would arrange financing through a hire-purchase company. Karsales (Harrow) Ltd. bought the car and sold it to Mutual Finance Ltd., which then finally supplied the car to ...
L'Estrange v F Graucob Ltd [1934] 2 KB 394 is a leading English contract law case on the incorporation of terms into a contract by signature.There are exceptions to the rule that a person is bound by his or her signature, including fraud, misrepresentation and non est factum.