Court : House of Lords
..... , i too would allow the appeal and make the orders they propose. lord mance my lords, 47. section 35(6)(a) was introduced into the sale of goods act 1979 by the sale and supply of goods act 1994 to address the risk that a buyer who "asks for, or agrees to, their repair by or under an arrangement with the seller" might, ..... their right to reject the equipment because they agreed to the removal of the harrow for inspection and repair: section 35(6)(a) of the sale of goods act 1979, as inserted by the sale and supply of goods act 1994, section 2(1). but in his opinion it was necessary to establish the state of the equipment at the time when, following the ..... reject the equipment on the ground that the respondents were in material breach of the contract: see section 15b(1)(b) of the sale of goods act 1979, which was inserted into the 1979 act by the sale and supply of goods act 1994, section 5(1). so mr ritchie agreed to the respondents' proposal that the harrow be taken back by them with a .....
Tag this Judgment!Court : House of Lords
..... headed place of delivery", on the invoices. i concentrate on the appellants alternative case. 10. so far as relevant, section 61(1) of the sale of goods act 1979 (the act) provides that, in the act, unless the context or subject matter otherwise requires, delivery means voluntary transfer of possession from one person to another". section 32(1) provides: where ..... on board the ship and to regard the contract as governed by the law of that place in the absence of any countervailing considerations". 54. the sale of goods act generally uses delivery to refer to passing of possession, and this under some fob contracts will be associated with the transfer of the shipping documents. but ..... right of disposal within s.19(2). 38. as to delivery, rix lj in the court of appeal (para. 21) noted that s.61 of the sale of goods act defines this as meaning (unless the context or subject-matter otherwise requires) voluntary transfer of possession from one person to another". rix lj referred to s. .....
Tag this Judgment!Court : House of Lords
..... the contract rate and the market rate for chartering in a substitute ship for the balance of the charter period. an analogy was drawn with section 51(3) of the sale of goods act 1893. neither party challenged this decision, which has always been regarded as authoritative. it does however assume that the injured party knows, or can ascertain, what the balance of ..... . it is time finally to address the breach date rule directly. its most obvious manifestation is to be found in section 51(3) of the sale of goods act 1893: "where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price ..... , 925-926; chitty on contracts, 29th ed (2004), vol 1, para 26-057; professor s m waddams, "the date for the assessment of damages", (1981) 97 lqr 445, 446. the sale of goods acts of 1893 and 1979 both give effect to this prima facie rule in section 51(3) of the respective .....
Tag this Judgment!Court : House of Lords
..... appeal the court of appeal, differed from the umpire and held that the buyers were entitled to reject. the simple question is whether the goods when shipped complied with the implied condition (sale of goods act 1893, section 13) that they should correspond with the description. when the umpire inspected them on july 9, 1931. some nine months ..... , greer and slesser, l.j.j., affirming a judgment of wright, j., in favour of the buyers is whether on a sale of goods by description the implied condition that the goods shall correspond with the description (sale of goods act, 1893, section 13) has been performed by the seller so as to disentitle the buyer to reject the ..... goods. the facts and the law applicable to them have been or are about to be so thoroughly stated and discussed by other noble .....
Tag this Judgment!Court : House of Lords
..... way and it has become impossible to settle it in that way, and therefore there is no settlement. no doubt as to goods, the sale of goods act, 1893, says that if the price is not mentioned and settled in the contract it is to be a reasonable price. the ..... simple answer in this case is that the sale of goods act provides for silence on the point and here there is no silence, because there is a provision that the two parties are to ..... the fixing of the price has broken down, a reasonable price must be assumed. that depends in part upon the terms of the sale of goods act, which no doubt reproduces, and is known to have reproduced, the old law upon the matter. that provides in s. 8 that ..... way in which either of these contracts may be regulated by the statute of frauds on the one hand, or by the sale of goods act on the other hand, the general underlying principles of contract are the same in each, and there is no reason why .....
Tag this Judgment!Court : House of Lords
..... in this case by the pleader. some contractual terms may be implied by general rules of law. these general rules, some of which are now statutory, for example, sale of goods act, bills of exchange act, etc., derive in the main from the common law by which they have become attached in the course of time to certain classes of contractual relationships, for example ..... in such a case to imply terms. it would be doing so if it had allowed no exceptions to the warning caveat emptor. sections 12 to 14 of the sale of goods act, 1893, set out the terms which over the preceding years the courts had implied when the parties were themselves silent. other examples of this process can be found in ..... tenancies. a classic example of the process is holt, c.j.'s judgment in coggs v. bernard, 2lord raym, 909. it may be that in the case of sales of goods and tenancies the ground has been covered. i would not expect the ground to have been covered in the case of weekly wage earners who would seldom be worth suing .....
Tag this Judgment!Court : House of Lords
..... i have purposely omitted all reference in the matter to english authorities. the law of scotland was different from that of england in several particulars before the passing of the sale of goods act. it was assimilated to the law of england in some particulars, e.g., the passing of the property by the contract, but the assimilation was not made complete, ..... there has not been much decision on the subject in scotland, and for a very obvious reason. it must always be remembered that section 11 (2) of the sale of goods act made radical alteration in the law of scotland. the law as it stood before that time is succinctly and authoritatively stated by lord president inglis in the case of m ..... of the conditions of tender and the guarantee, what is the law to be applied to the facts? i think it is settled by the 11th section of the sale of goods act. the defects here are such that the respondent might have refused to accept the engine and repudiated the contract; he did not do so, but elected to keep .....
Tag this Judgment!Court : House of Lords
..... dealt with by the term which the law would imply in such a case, viz., that the deliveries are to be at reasonable times: section 29 (2) of the sale of goods act, 1893, applies, i think, to a contract such as this where delivery is to be by instalments, equally with a contract under which there is only to be a ..... with that implication in reserve they are neither incomplete nor uncertain. as obvious illustrations i may refer to such matters as prices or times of delivery in contracts for the sale of goods, or times for loading or discharging in a contract of sea carriage. furthermore, even if the construction of the words used may be difficult, that is not a ..... in the appeal of may and butcher against the king, which scrutton l.j. thought compelled him to decide as he did. there was there a contract for the sale of certain goods, somewhat inelegantly called "tentage, " with an option to buy further quantities at prices to be agreed upon between the parties when the material was ready for .....
Tag this Judgment!Court : House of Lords
..... at the risk of the sellers until the documents were presented and taken up. the case seems to me to come exactly within the principle of sect. 7 of the sale of goods act, and had they been destroyed by enemy action i cannot doubt but that the advance portion of the price would have been recoverable. that the inability of the sellers ..... decision turned upon so narrow a ground, but in truth the principle may be illustrated by the law which is now codified in sects. 6 and 7 of the sale of goods act and was formerly illustrated by rugg v. minett (1809) ii east 210. the two sections deal with two cases of impossibility arising in the cases of the ..... sale of ascertained goods. the first section treats of a case where the goods have perished before the agreement for sale is made and is an example of a contract void ao initio. clark v. lindsay .....
Tag this Judgment!Court : House of Lords
..... contract is to justify that description, an intention that there should be the payment of a price in exchange for the transfer of property in the goods (see s.2(1) and (3), sale of goods act 1979). consider these requirements against the facts of the first conspiracy set out in paragraph 5 of the commissioners consolidated particulars of claim and ..... . there are alleged to have been thirteen such conspiracies over five months from may to october 2002. 4. in its simplest form a carousel fraud begins with the sale of taxable goods by a trader registered for vat in one member state, a, to a vat-registered trader in another member state, b. under article 28c(a)(a) of ..... a carousel fraud assumes valid sales of goods at each step. 50. a charade, however, a pretence and in the present case a fraudulent pretence, is something else. diplock lj (as he then was) in snook v london and west riding investments ltd [1967] 2 qb 786 at 802 described as a sham acts done or documents executed by the .....
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