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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

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

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 satisfactory quality

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

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

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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