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• Lord Bridge says that Kerr LJ (in the Court of Appeal) in finding for the seller had in fact misinterpreted what Lord Fraser had said about The Canada Steamship v R [1952] 1 All ER 303 in the Ailsa Craig case! This is an excellent paragraph for demonstrating the way in which judges argue about other cases, following, distinguishing, overruling or stating the precedent or a case erroneously. • Lord Bridge decides the common law point in favour of the sellers in agreement with Lord Denning in the Court of Appeal. • Lord Bridge turns to discuss the ‘statutory’ issue. We now begin to understand the reference to ‘the Act’ in issue (2) as set out by Lord Bridge at Appendix 1, p 310, para 2. • The modified s 55 of the Sale of Goods Act 1979 is set out. • The Sale of Goods Act 1979 was a statute that was pure consolidation. (This means that it merely collected together the existing law and put it in one place.) • Modified s 55 preserves the law between 18 May 1973 (the date that the Supply of Goods (Implied Terms) Act came into force) and 1 February 1977 (the date that the Unfair Contract Terms Act 1977 came into force). • Section 55, sub-ss (1), (4), (5) and (9) are set out. Students need to study s 55 carefully to ensure that they understand what it is providing for and that they can follow the discussion of it by Lord Bridge. So, let us stop here for a moment… for a statutory diversion.
DOI link for • Lord Bridge says that Kerr LJ (in the Court of Appeal) in finding for the seller had in fact misinterpreted what Lord Fraser had said about The Canada Steamship v R [1952] 1 All ER 303 in the Ailsa Craig case! This is an excellent paragraph for demonstrating the way in which judges argue about other cases, following, distinguishing, overruling or stating the precedent or a case erroneously. • Lord Bridge decides the common law point in favour of the sellers in agreement with Lord Denning in the Court of Appeal. • Lord Bridge turns to discuss the ‘statutory’ issue. We now begin to understand the reference to ‘the Act’ in issue (2) as set out by Lord Bridge at Appendix 1, p 310, para 2. • The modified s 55 of the Sale of Goods Act 1979 is set out. • The Sale of Goods Act 1979 was a statute that was pure consolidation. (This means that it merely collected together the existing law and put it in one place.) • Modified s 55 preserves the law between 18 May 1973 (the date that the Supply of Goods (Implied Terms) Act came into force) and 1 February 1977 (the date that the Unfair Contract Terms Act 1977 came into force). • Section 55, sub-ss (1), (4), (5) and (9) are set out. Students need to study s 55 carefully to ensure that they understand what it is providing for and that they can follow the discussion of it by Lord Bridge. So, let us stop here for a moment… for a statutory diversion.
• Lord Bridge says that Kerr LJ (in the Court of Appeal) in finding for the seller had in fact misinterpreted what Lord Fraser had said about The Canada Steamship v R [1952] 1 All ER 303 in the Ailsa Craig case! This is an excellent paragraph for demonstrating the way in which judges argue about other cases, following, distinguishing, overruling or stating the precedent or a case erroneously. • Lord Bridge decides the common law point in favour of the sellers in agreement with Lord Denning in the Court of Appeal. • Lord Bridge turns to discuss the ‘statutory’ issue. We now begin to understand the reference to ‘the Act’ in issue (2) as set out by Lord Bridge at Appendix 1, p 310, para 2. • The modified s 55 of the Sale of Goods Act 1979 is set out. • The Sale of Goods Act 1979 was a statute that was pure consolidation. (This means that it merely collected together the existing law and put it in one place.) • Modified s 55 preserves the law between 18 May 1973 (the date that the Supply of Goods (Implied Terms) Act came into force) and 1 February 1977 (the date that the Unfair Contract Terms Act 1977 came into force). • Section 55, sub-ss (1), (4), (5) and (9) are set out. Students need to study s 55 carefully to ensure that they understand what it is providing for and that they can follow the discussion of it by Lord Bridge. So, let us stop here for a moment… for a statutory diversion.
ABSTRACT
We now begin to understand the reference to ‘the Act’ in issue (2) as set out by Lord Bridge at Appendix 1, p 310, para 2.
• The modified s 55 of the Sale of Goods Act 1979 is set out. • The Sale of Goods Act 1979 was a statute that was pure consolidation. (This
means that it merely collected together the existing law and put it in one place.) • Modified s 55 preserves the law between 18 May 1973 (the date that the Supply
of Goods (Implied Terms) Act came into force) and 1 February 1977 (the date that the Unfair Contract Terms Act 1977 came into force).