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Britvic Soft Drinks Ltd V Messer UK Ltd
''Britvic Soft Drinks Ltd v Messer UK Ltd'' 002EWCA Civ 548is a notable English contract law case, concerning the application of the Unfair Contract Terms Act 1977 in the context of consumer protection and a supply chain. Facts Messer UK Ltd supplied Britvic with carbon dioxide for its drinks. It was contaminated with benzene, a carcinogen. Britvic had to recall its products and it sued Messer to recover its costs, arguing that it was in breach of contract. A term in the contract limited liability of Messer under s 14 of the Sale of Goods Act 1979 (which by virtue of UCTA 1977 can only be limited as it satisfies the requirement of reasonableness). The judge found that the only relevant express term in the supply agreement was that the carbon dioxide would conform with British Standard 4105. But the implied term under Sale of Goods Act 1979 s 14 also applied. Breach of both terms allowed the recovery of damages. Messer appealed, arguing that BS 4105 could not be regarded as con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation. The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a ''consumer''. It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083), as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The Law Commission and the Scottish Law Commission have recommended that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Britvic
Britvic plc is a British producer of soft drinks based in Hemel Hempstead, England. It is listed on the London Stock Exchange and is a constituent of the FTSE 250 Index. It produces soft drinks under its own name, and several other brands. History The company was founded in the mid-nineteenth century in Chelmsford as the ''British Vitamin Products Company''. It started producing fruit juices in 1938 and started marketing them under the ''Britvic'' name in 1949. Acquired by Showerings of Shepton Mallet, and subsequently a division of Allied Breweries from 1968, the company changed its name to ''Britvic'' in 1971. In 1986, it merged with ''Canada Dry Rawlings'' and acquired the R. White's Lemonade brand. It acquired Tango and the Corona brand from Beechams in 1987 and since that year it has also owned the UK franchise for Pepsi and 7 Up. In 1995, it bought Robinson's from Reckitt & Colman. In December 2005, the company underwent an initial public offering (IPO) allowing its mai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sale Of Goods Act 1979
The Sale of Goods Act 1979c 54 is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in respect of goods that are sold and bought. The Act consolidated the original Sale of Goods Act 1893 and subsequent legislation, which in turn had codified and consolidated the law. Since 1979, there have been numerous minor statutory amendments and additions to the 1979 Act. It was replaced for some aspects of consumer contracts from 1 October 2015 by the Consumer Rights Act 2015c 15 but remains the primary legislation underpinning business-to-business transactions involving selling or buying goods. The Act applies to contracts where property in 'goods' is transferred or agreed to be transferred for a monetary consideration, in other words: where property (ownership) in personal chattels is sold. Part I Part I (section 1) states that the Act applies to contracts of sale of goods made on or after 1 January 1894. This was the date when t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Watford Electronics Ltd V Sanderson CFL Ltd
Watford () is a town and borough in Hertfordshire, England, 15 miles northwest of Central London, on the River Colne. Initially a small market town, the Grand Junction Canal encouraged the construction of paper-making mills, print works, and breweries. While industry has declined in Watford, its location near London and transport links has attracted several companies to site their headquarters in the town. Cassiobury Park is a public park that was once the manor estate of the Earls of Essex. The town developed next to the River Colne on land belonging to St Albans Abbey. In the 12th century, a charter was granted allowing a market, and the building of St Mary's Church began. The town grew partly due to travellers going to Berkhamsted Castle and the royal palace at Kings Langley. A mansion was built at Cassiobury in the 16th century. This was partly rebuilt in the 17th century and another country house was built at The Grove. The Grand Junction Canal in 1798 and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Protection Act 1987
The Consumer Protection Act 1987c 43 is an Act of the Parliament of the United Kingdom which made important changes to the consumer law of the United Kingdom. Part 1 implemented European Community (EC) Directive 85/374/EEC, the product liability directive, by introducing a regime of strict liability for damage arising from defective products. Part 2 created government powers to regulate the safety of consumer products through Statutory Instruments. Part 3 defined a criminal offence of giving a misleading price indication. The Act was notable in that it was the first occasion that the UK government implemented an EC directive through an Act of Parliament rather than an order under the European Communities Act 1972.van Gerven ''et al.'' (2000) ''p.''666 Product liability Section 2 imposes civil liability in tort for damage caused wholly or partly by a defect in a product. Liability falls on: *Producers; *Persons holding themselves out as producers, for example by selling priv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unfair Terms Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated communi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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