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Stairway to heaven? No, to court… – Keith Lowe & Ann Lowe v W Machell Joinery Ltd – Court of Appeal

28 July 2011 | Simon Weinberg

The Lowes had ordered a staircase from WMJL and paid for it, but on delivery they rejected the staircase, arguing that it did not comply with the specifications in the contract, and issued proceedings...

Tags on this discussion: breach of contract building Building Regulations commercial agreement Commercial contract commercial contracts contract contract law contracts contractual design contractual specification Court of Appeal design fit for purpose High Court rejection of goods satisfactory quality specification

Sale of Goods Act and implied terms did not apply to software supply contract – Southwark LBC v IBM, High Court

31 March 2011 | Paul Gershlick

The parties contracted for IBM to provide its own software, third party software (Orchard’s) which Southwark LBC had asked IBM to provide, and associated services. The framework agreement part of the...

Tags on this discussion: commercial agreement commercial agreements Commercial contract commercial contracts condition conditions express express term fit for purpose fitness for purpose High Court implied implied terms IT IT agreement IT contract IT services IT system licence terms ownership reasonable reasonableness sale of goods sale of goods act satisfactory quality SGA Software software agreement software licence software supplier software suppliers software supply software supply agreement software supply contract SOGA title UCTA unfair contract terms act Unfair Contract Terms Act 1977 unreasonable Warranties warranty

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

Latest news and views tagged fit for purpose

Stairway to heaven? No, to court… – Keith Lowe & Ann Lowe v W Machell Joinery Ltd – Court of Appeal

Sale of Goods Act and implied terms did not apply to software supply contract – Southwark LBC v IBM, High Court

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

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