Archive for the 'sale of goods' Category

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Les Laboratoires Servier and another v Apotex Inc and others [2010] EWHC 730 (Pat); [2011] WLR (D) 111

“The court would not award compensation under a cross-undertaking for the loss sustained by an unlawful business or where the beneficiary of the cross-undertaking had to rely to a substantial extent upon his own illegality in order to establish the loss, provided the unlawfulness was sufficiently serious to engage the ex turpi causa rule. What was sufficiently serious depended on the circumstances of the case, and in particular the state of knowledge of the claimant under the cross-undertaking at the relevant time; but the claimant’s conduct had to be assessed having regard to the fact that the claim was for compensation under a cross-undertaking.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold – WLR Daily

Finanzamt Burgdorf v Bog; CinemaxX Entertainment GmbH & Co KG v Finanzamt; Hamburg-Barmbek-Uhlenhorst; Lohmeyer v Finanzamt Minden; Fleischerei Nier GmbH & Co KG v Finanzamt Detmold (Joined Cases C‑497/09, C‑499/09, C‑501/09 and C‑502/09); [2011] WLR (D) 87

“The supply of food or meals freshly prepared for immediate consumption from snack stalls or mobile snack bars or in cinema foyers was a supply of goods within the meaning of article 5 of Council Directive 77/388/EEC, as amended by Council Directive 92/111/EEC, if a qualitative examination of the entire transaction showed that the elements of supply of services preceding and accompanying the supply of the food were not predominant.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court upholds bid to ban cigarette machines – The Independent

“Government plans to ban cigarette vending machines to help prevent under-age smoking were upheld as lawful by the High Court today.”

Full story

The Independent, 1st December 2010

Source: www.independent.co.uk

Poundworld fined over faulty thermometers – The Independent

“Discount retailer Poundworld has been fined £5,000 for selling dangerously faulty digital thermometers and other medical items, it was announced today.”

Full story

The Independent, 18th November 2010

Source: www.independent.co.uk

Merton London Borough Council v Sinclair Collis Ltd – WLR Daily

Merton London Borough Council v Sinclair Collis Ltd [2010] WLR (D) 286

“Notwithstanding the civil complaint procedure embodied in s 7(2) of the Children and Young Persons Act 1933 (as amended), a sale of tobacco to a person under the age of 18 through a cigarette vending machine was capable of being an offence contrary to s 7(1) of the 1933 Act.”

WLR Daily, 10th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady) – WLR Daily

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady)[2010] EWCA Civ 1145; [2010] WLR (D) 259

“There was no justification for implying a term in a contract for the sale of goods that goods which were accepted as complying with specification on loading at a seaport should be capable of remaining in an acceptable condition until unloaded at the end of a voyage. The contract specified that the buyer ‘assumes all risks pertaining thereto’. These included the risk of cargo instability. Were the term to be implied it would destroy certainty in the international sale of goods because the testing and certification of goods at the point of loading would always have to make way for a special implied term. Despite the huge inroads made first by the common law and then statute, the underlying principle remained caveat emptor, let the buyer beware.”

WLR Daily, 20th October 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Online Catering Ltd v Acton and another – WLR Daily

Online Catering Ltd v Acton and another [2010] EWCA Civ 58; [2010] WLR (D) 35

“The Bills of Sale Acts did not apply to companies. Accordingly, a party would not succeed in establishing that a contract was unenforceable for want of registration under the Acts if the relevant contracting party was a company.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Consumer Remedies for Faulty Goods – Law Commission

“On 4 November 2009, the Law Commission and the Scottish Law Commission published a final report with recommendations on simplifying the law on consumer remedies for faulty goods.”

Full report

Law Commission , 4th November 2009

Source: www.lawcom.gov.uk

 

Proposed age law for online retail faces Parliamentary scrutiny – OUT-LAW.com

“A proposal that will force online retailers to take extra steps to ensure that young people cannot buy or access inappropriate goods or material will move one step closer to becoming law on Monday.”

Full story

OUT-LAW.com, 14th October 2009

Source: www.out-law.com

Retailers want to retain consumers’ right to reject faulty goods, say law commissions – OUT-LAW.com

“Businesses as well as consumers have backed the UK Government’s attempts to retain shoppers’ right to return faulty goods for an immediate refund. A consultation has found that retailers as well as shoppers back the stance.”

Full story

OUT-LAW.com, 15th May 2009

Source: www.out-law.com

Consumer Remedies for Faulty Goods – Law Commission

“In November 2008 the Law Commission published jointly with the Scottish Law Commission a consultation paper on consumer remedies for faulty goods. Appendix C (the European Consumer Centre Questionnaire) and Appendix D (the Comparative Section) to the consultation paper are also available.  We published an executive summary and a press release. On 13 May 2009, we published a summaryof the 53 responses we received to the consultation.  An overview and press release are also available.”

Full press release

Law Commission, 14th May 2009

Source: www.lawcom.gov.uk

Consumer remedies for faulty goods – Law Commission

“On 10 November 2008 the Law Commission published jointly with the Scottish Law Commission a consultation paper on consumer remedies for faulty goods.”

Full consultation paper

Law Commission, 10th November 2008

Source: www.lawcom.gov.uk

Law Commissions want to keep UK consumers’ refund rights – OUT-LAW.com

“UK consumers should be able to demand refunds for faulty goods despite attempts by the European Commission to undermine that right, the Law Commission and the Scottish Law Commission have said.”

Full story

OUT-LAW.com, 10th November 2008

Source: www.out-law.com

Alchemy Estates Ltd v Astor and another – WLR Daily

Alchemy Estates Ltd v Astor and another [2008] EWHC 2675 (Ch); [2008] WLR (D) 343

“The contractual right of rescission under condition 8.3.3 of the Standard Conditions of Sale had to be exercised promptly, which meant by the contractual completion date, or possibly, within a day or two thereafter.”

WLR Daily, 6th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Online rogue ticketers should be tackled – Daily Telegraph

“Last week, a website called Paperticket became the latest in a list of sites to be shut down after complaints from consumers who had paid for tickets for gigs such as The Killers and Barry Manilow but had not received them.”

Full story

Daily Telegraph, 27th October 2008

Source: www.telegraph.co.uk

Tesco court threat over PIN error – BBC News

“A man is threatening to take Tesco to court for discrimination after twice being refused the right to pay using his credit card with a signature.”

Full story

BBC News, 7th October 2008

Source: www.bbc.co.uk

Doorstep sellers must offer cancellation rights, even if invited to sell – OUT-LAW.com

“Consumers will be allowed to cancel contracts signed with door-to-door salesmen even when they have requested the visit to their home or office, under new Regulations that come into force in October.”

Full story

OUT-LAW.com, 17th September 2008

Source: www.out-law.com

Sony can sue distributor for sales value of stolen goods, not just cost – OUT-LAW.com

“A distributor which lost a consignment of PlayStation memory cards must compensate Sony at the sale price of the cards and not their cost to manufacture, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 9th September 2008

Source: www.out-law.com

Sony Computer Entertainment UK Ltd and Another v Cinram Logistics UK Ltd – Times Law Reports

Sony Computer Entertainment UK Ltd and Another v Cinram Logistics UK Ltd

Court of Appeal

“A manufacturer and seller of goods who lost them through the fault of another before he could make delivery and earn the price could recover that price as damages for their loss.”

The Times, 10th September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times online for 21 days from the date of publication.

Sony Computer Entertainment UK Ltd and another v Cinram Logistics UK Ltd – WLR Daily

Sony Computer Entertainment UK Ltd and another v Cinram Logistics UK Ltd [2008] EWCA Civ 955; [2008] WLR (D) 289

A manufacturer and seller of goods who lost them through the fault of another before he could make delivery and earn the price could recover that price as damages for their loss.”

WLR Daily, 11th August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

CTI Group Inc v Transclear SA – WLR Daily

CTI Group Inc v Transclear SA [2008] EWCA Civ 856; [2008] WLR (D) 254

“A contract for the sale by description of unascertained goods of a specified origin was not frustrated where although delivery of the goods remained physically and legally possible, the seller’s suppliers chose, for whatever reason, not to make them available.”

WLR Daily, 25th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ticket tout legislation ruled out – BBC News

“New laws against ticket touts have been ruled out, the government has said.”

Full story

BBC News, 21st April 2008

Source: www.bbc.co.uk

M. and J. Polymers Ltd v Imerys Minerals Ltd – Times Law Reports

M. and J. Polymers Ltd v Imerys Minerals Ltd

Queen’s Bench Division

“A take-or-pay clause in a supply contract could, as a matter of principle, amount to a penalty.”

The Times, 2nd April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Scottish & Newcastle International Ltd v Othon Galanos Ltd – WLR Daily

Scottish & Newcastle International Ltd v Othon Galanos Ltd [2008] UKHL 11; WLR (D) 61

“Where, under a contract for the sale of cider by the Scottish claimants to Cypriot defendants, with invoices giving Limassol as the “place of delivery”, the cider had been shipped from Liverpool to Limassol, the agreed place of delivery had been Liverpool and delivery of the goods had taken place at Liverpool for the purposes of art 5(1)(b) of Council Regulation (EC) No 44/2001.”

WLR Daily, 26th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judge ridicules £100,000 cost of car legal battle – The Independent

“Greater love has no man than he who lays down the contents of his wallet for his dream motor. But even the most devout petrolhead would have been forced to agree with Lord Justice Ward when he described one man’s feud with a dealership over his “red hot” sports car as ‘completely cuckoo’.”

Full story

The Independent, 5th October 2007

Source: www.independent.co.uk

Name your price for the latest Radiohead album – The Times

“How much would you pay for the new album by one of the world’s most critically acclaimed rock bands? Radiohead are asking fans to put their own price on the group’s long-awaited new release.”

Full story

The Times, 2nd October 2007

Source: www.timesonline.co.uk

Color Drack GmbH v. Lexx International Vertriebs GmbH – WLR Daily

Color Drack GmbH v. Lexx International Vertriebs GmbH (Case C-386/05) 

“Where under a contract goods were delivered to several places in the same EC member state, it was the place of principal delivery in that state, determined on the basis of economic criteria, that had jurisdiction in disputes on the contract.”

WLR Daily, 3rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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