ABSTRACT

Lord Bridge: The statutory issue turns, as already indicated, on the application the provisions of the modified s 55 of the Sale of Goods Act 1979, as set out in para 11 of Sched 1 to the Act. The Act of 1979 is a pure consolidation. The purpose of the modified s 55 is to preserve the law as it stood from 18 May 1973 to 1 February 1978 in relation to contracts made between those two dates. The significance of the dates is that the first was the date when the Supply of Goods (Implied Terms) Act 1973 came into force, containing the provision now re-enacted by the modified s 55; the second was the date when the Unfair Contract Terms Act 1977 came into force and superseded the relevant provisions of the Act of 1973 by more radical and far-reaching provisions in relation to contracts made thereafter...