Commercial Law: Sale of Goods - University of Wolverhampton

Study Unit 4 Suggested minimum study hours: 15TopicTerms (2): Exclusion Clauses and Unfair Contract TermsPlease see the additional notes at the end of this unitThis Unit covers material contained in the Learning Project.IntroductionSellers sometimes attempt to exclude their liability for breach of the implied conditions in theSale of Goods Act. In this Unit we examine the ways in which the courts deal with these exclusionclauses. The 1977 Act and the 1999 Regulations also deal with clauses which in other ways attemptto restrict the buyer’s rights. In this Unit we also look at the scope and impact of the ConsumerProtection Act which imposes strict product liability.Objectivesa To revise the law relating to exemption clauses.b To consider the Consumer Protection Act 1987.Essential ReadingThese titles have been supplied as part of your study materials.Commercial Law Textbook – Relevant Chapter(s)Commercial Law 150 Leading Cases – (See listed cases)General ReadingThese titles have not been supplied and are not essential reading, butyou may wish to refer to them to further your understanding.The Sale of Goods, Atiyah – Relevant Chapter(s)Commercial Law, Bradgate – Relevant Chapter(s)Case law and statutes1 Incorporation* AEG (UK) Ltd v Logic Resource Ltd (1996) 3 LMCLQ 334 (CA)Chapelton v Barry Urban District Council [1940] 1 KB 532Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1988] 1 All ER 348; [1988] 2 WLR615Kendall (Henry) & Sons v William Lillico & Sons Ltd [1969] 2 AC 31L’Estrange v Graucob (F) Ltd [1934] 2 KB 394Thornton v Shoe Lane Parking Ltd [1971] 2 WLR 5852 ConstructionAilsa Craig Fishing Co Ltd v Malvern Shipping Co Ltd [1983] 1 WLR 964* Stewart Gill Ltd v Horatio Myer & Co Ltd [1992] 2 All ER 257 (CA); [1992] 2 WLR 721 (CA)* Wallis Son & Wells v Pratt & Haynes [1911] AC 3943 ValidityGeorge Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803* Green (RW) Ltd v Cade Bros Farm [1978] 1 Lloyd’s Rep 602