The Doctor
Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615
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AHA! I found the case I was on about above.
R. & B. Customs Brokers Co. Ltd. v United Dominions Trust Ltd. v Saunders Abbott (1980) Ltd. [1988] 1 W.L.R. 321
Court of Appeal
The plaintiff company was in the business of freight forwarding and shipping agency. On 20 September 1984 one of its directors saw a Colt Shogun car at the third party's showrooms. He arranged for its purchase by the company for his use. The sale was arranged through the defendants, a finance company. The company traded in its existing car in part-exchange. Under clause 2(a) of the defendants' conditional sale agreement any warranty or condition as to condition, description, quality or fitness for any particular purpose was excluded from the contract of sale unless the buyer was dealing as a consumer.
Held, dismissing the appeal, that under section 14(3) of the Sale of Goods Act 1979 there was to be implied into the contract of sale a condition that the car was reasonably fit for the particular purpose for which it had been purchased, namely, ordinary use upon the roads in England in English weather; that where an activity was merely incidental to the carrying on of a business a degree of regularity had to be established before it could be said that the activity was an integral part of the business and so carried on in the course of that business; that since the company had not held itself out as making the contract for the purchase of the car in the course of business, and since, on the facts, the necessary degree of regularity had not been shown, the company was dealing as a consumer within the meaning of section 12(1) of the Unfair Contract Terms Act 1977 LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey
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1st Nov 2014 1:11 pm |
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