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17 March 2007
Issue: 7264 / Categories: Case law , Law reports
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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

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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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