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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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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

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The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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