UK Contract Law
Tilden
• The P here could have read the contract, but did not
• How does he win? He does not win on the theory that he went to trial on, but another.
o He wins on the court’s reasoning that (¶s 13 & 14) an essential part of the test is whether the other party entered into […]
Law of Contract
Exception Clauses p. 838
• Warranty, in its technical meaning, is a sub-contract
• It has a technical meaning
o Close reading; strict construction
• Wallis v. Pratt – “warranty” did not apply to exclude the implied statutory “condition” of the Sale of Goods Act that products must correspond to their description.
o ¶5 - exclusion of “any warranty of […]
Tags
acceptance agreement Agreements assignment basis benefit breach Canada clause communication consideration construction context contract court Damages defendant Denning detriment doctrine evidence example expectation jurisprudence landlord liability Lord Denning mechanism negligence offer offeree offerer party performance person plaintiff promise Promisee promiser property question situation Statute system Warranty-
By N2H