header-logo header-logo

17 March 2007
Issue: 7264 / Categories: Case law , Law reports
printer mail-detail

SALE OF GOODS—DELIVERY—IMPLIED CONDITION

J & H Ritchie Ltd v Lloyd Ltd [2007] UKHL 9, [2007] All ER (D) 109 (Mar)

House of Lords
Lord Hope, Lord Scott, Lord Rodger, Lord Brown and Lord Mance
7 March 2007

Where parties have entered into a contract for the purchase of goods which develop a fault and are taken away for inspection and repair by the sellers, the sellers may be under an implied condition under the Sale of Goods Act 1979 (SGA 1979) to provide the buyers with information requested about the repairs, to enable the buyers to make a properly informed choice between accepting and rejecting the goods.

Charles Graham QC and Gillian Wade (instructed by McCartney Stewart, Renfrew) for the appellants
Colin Tyre QC and Pino Di Emidio (instructed by Balfour & Mason, Edinburgh) for the respondents.
The appellant company carried on a farming business. The respondent was a supplier of agricultural machinery based in Scotland. The appellant purchased as a single item a combination seed drill and power harrow (the harrow) from the respondent. A fault developed with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll