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Government proposes new single consolidated Consumer Bill of Rights

1 October 2011 | Simon Weinberg

UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to bring...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements Consumer Bill of Rights consumer contract consumer contracts consumer law consumer laws Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Rights Directive consumers cooling off period CPUTR Directive distance selling directive Distance Selling Regulations DSR EU Directive fair fairness new Directive sale of goods sale of goods act Sale of Goods Act 1979 SOGA UCTA unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair contract trading unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading unfair trading regulation void

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

Government recommends replacement of consumer laws

18 November 2010 | Mark Weston

The Government has recommended the replacement of three key pieces of consumer legislation that overlap and are similar. It wants to consolidate them into one law so consumers know where to find it, and...

Tags on this discussion: B2C business-to-consumer commercial agreement commercial agreements Commercial contract commercial contracts consumer consumer agreements consumer contracts consumer law consumer laws Consumer Rights Directive consumers Directive EU EU Directive European Commission European Union new Directive sale of goods sale of goods act SOGA SOGSA supply supply contract supply of goods supply of goods and services supply of goods and services act supply of services

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

10 November 2010 | Mark Weston

P supplied oil to B under a free on board (‘FOB’) contract. Clause 18 of the contract stated that there were no ‘guarantees, warranties or representations’ as to the fitness of suitability of the...

Tags on this discussion: agreement agreements breach breach of contract commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law condition contract contracts Court of Appeal English law FOB free on board fundamental breach High Court implied term Incoterms material breach sale of goods sale of goods act satisfactory quality serious breach SOGA supply supply agreement supply contract supply of goods term Terms & conditions warranty

ASDA ad complaint upheld for suggesting that consumers having 100 day guarantee was additional to their legal rights

23 July 2010 | Mark Weston

The Advertising Standards Authority has upheld a complaint that ASDA’s advert was misleading because it was highlighting the benefits to consumers of its 100 day guarantee. It was misleading because...

Tags on this discussion: advertising Advertising Standards Authority ASA B2C business-to-consumer code of practice consumer consumer law consumer laws defect defective faulty misleading advertising misleading selling sale of goods act satisfactory quality SOGA

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, High Court

22 July 2010 | Paul Gershlick

This case surrounded the so-called battle of the forms. That is where each side refers to their own terms and conditions applying in their documents such as quotations, orders, order acknowledgements,...

Tags on this discussion: acceptance battle of the forms breach breach of contract commercial commercial agreement Commercial contract commercial law contract contract law contracts defect defective High Court order order acknowledgement quotation quote sale of goods act SOGA subcontract supply contract Terms & conditions unprofitable contract

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 sale of goods act

Government proposes new single consolidated Consumer Bill of Rights

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

Government recommends replacement of consumer laws

Failure to make exclusion clause wording work under English law rather than US law proves costly – KG Bominflot v Petroplus, Court of Appeal

ASDA ad complaint upheld for suggesting that consumers having 100 day guarantee was additional to their legal rights

Battle of the forms dispute results in neither party’s terms applying – GHSP v AB Electronic, 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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