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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.
Mr. Machin relied on a case in this court last year – Mendelssohn v Normand Ltd. [1970] 1 QB 177. Mr. Mendelssohn parked his car in the Cumberland Garage at Marble Arch, and was given a ticket which contained an exempting condition. There was no discussion as to whether the condition formed part of the contract. It was conceded that it did.
Shogun Finance Ltd v Hudson [2003] UKHL 62 is an English contract law case decided in the House of Lords, on the subject of mistaken identity as a basis for rescission of a contract. The case has been the subject of much criticism in failing to effectively clarify the area of mistake to identity. [1] [2] [3]
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 ...
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.
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.
Contract law, ECHR, Right to property Wilson v Secretary of State for Trade and Industry [2003] UKHL 40 is a United Kingdom human rights , consumer protection and contract law case. It made a decision on the applicability of Protocol 1, Article 1 of the ECHR and some important observations on the relevance of Hansard in litigation.
Foley v Classique Coaches Ltd. [1934] 2 KB 1 is an English contract law case decided in 1934 relating to restraint of trade and forward-looking agreements to agree.The initial judgment delivered in the High Court held that there was no "undue" restraint of trade, and this was upheld in the Court of Appeal.