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04 April 2012
Issue: 7509 / Categories: Case law , Law digest , In Court
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Contract

Air Transworld Ltd v Bombardier Inc [2012] EWHC 243 (Comm), [2012] All ER (D) 193 (Mar)

Early authorities established that liability could not be excluded for a breach of a condition implied by the Sale of Goods Act 1979 (SGA 1979) by exclusions which referred merely to warranty or guarantee, even if those words were cross-referenced to statutes or rules of law, which would otherwise give rise to an implication of such terms. Those authorities required any term excluding a condition implied by SGA 1979 to be in apt and precise words, if it was to be effective, for the clause expressly or by necessary inference to negative such a condition and for sufficiently clear words to be used to achieve that result. Recent authority held that there was no difference between lines of authority on approaches to construction, one of which required clear express words while the other favoured the natural meaning of the words used.

Any clause in a contract had to be construed in the context in which it had been found, meaning both the immediate

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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