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Can a written guarantee be subject to an oral agreement?

25 May 2011 | Clare Stothard Comments Off

The guarantor, Mr Binney, claimed that although he had signed a written guarantee in favour of National Westminster Bank plc (“the Bank”), it was subject to an oral agreement that the guarantee limited...

Tags on this discussion: bank banking banks contract estoppel guarantee oral agreement representation warranty

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

Breach of contract for providing car with the wrong antique engine – Mercedes Travis Brewer v Mann, High Court

9 November 2010 | Mark Weston

The High Court has ruled in favour of a claimant who claimed for breach of warranty and breach of contract in relation to her purchase of a vintage car that did not conform to its description. The car...

Tags on this discussion: agreement agreements breach breach of contract breach of warranty commercial agreement commercial agreements contract contract law contracts illegal infringement misrepresentation representations rescind rescission serious breach supply agreement supply contract unauthorised unlawful warranty

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

13 August 2010 | Mark Weston

GB Gas entered into an agreement with Accenture for Accenture to design, supply, install and maintain a business-critical IT system, including billing. The agreement defined a ‘Fundamental Defect’...

Tags on this discussion: breach breach of contract bugs business-critical commercial consequential loss contract contract law contracts Court of Appeal design direct loss exclusion of liability fundamental fundamental breach indirect loss installation IT IT contract IT project IT system liability limitation on liability loss of business loss of contracts loss of profits loss of revenue losses maintenance material material breach reasonable reasonable endeavours remedy repudiatory breach serious serious breach supply supply agreement supply contract support and maintenance third party third party losses 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 warranty

Can a written guarantee be subject to an oral agreement?

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

Breach of contract for providing car with the wrong antique engine – Mercedes Travis Brewer v Mann, High Court

Series of cumulative breaches can amount to fundamental breach, and Court of Appeal shows narrowness of what counts as indirect losses – GB Gas v Accenture, Court of Appeal

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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