Academic opinions Flashcards
John De Lacy ‘Business sellers liability’
until recently favoured business sellers
UCTA yet another consumer protection
any sale now attract implied terms
case symbols rise of consumer and need to force businesses to modify behaviour
S Hedley
caveat empor is dying
exclusion clauses are malleable, flexible and rely on parties intentions]
controls still allow for freedom of contract, emobyd al concepts of fairness
James White ‘Deifining exclusion clauses
ucta fails to regulate and has produced much confusion s
no sat method yet
James Adams ‘Damages in SGA’
too many rules on too few facts
damages are too complicated and can be unhelpful - would be far better to enact normal principle of damages and leave it there
L Trott, E Coe
Case law illustrates the extent to which each case turns on specific facts and from which general principles are difficult to establish
emphasis on implied terms is to protect the innocent consumer and each case highlights the need for carefully drafted T&CS
T Sean ‘Right to reject for short delivery’
right to cure cannot provide an entirely satsifactory response for short delivery
proposes reform that could protect Bs’s from the danger of short delivery - more secure
SGA unclear on whether can reject
David Cabrelli R Zhan
should takes steps to pass more consumer friendly legislation
PS Atiyah
Since 1973 have been developments relating to implied terms and further changes expected
La Lawrenson ‘SGA by description’
Harlingdon blurs the distinction etween misrep and sale by description
undermines spirit of SGA (to address power between S and B)
L Sealy
reflects emphasis on consumer protection
underlies the merchantable quality change
stevenson overrules R&B
SJB
not necessary that b shall stipulate that he relies on s’s skill and judgement nor say anything about it at all
circumstances may show
T Sean
Statutory role shows confusion which remained - uSA shows english could avoid this confusion
authority of com law rests on its evolution according to merchantable needs and provision of practical solutions
this is an area where this these breaks down
right to reject for short delivery without explaination why has left void our understanding
American experience shows we can clarify this problem
Ian Brown ‘Forgery and fine art’
Harlingdon refined scope of s.13
argues that Harlingdon is regrettable not only because of the additional emphasis placed on reliance suggesting the sections redundancy but use of merchantable quality
WCH Ervine What does sat quality means
this is revolutionary however not sure whether any other cases would have been decided differently
C Twigg ‘Exam prior to purchase’
Clear this should not happen
