Ousting Conditions and Warranties (Buyer's Rights): The Mercini Lady Case

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Abstract

The Mercini Lady Case is a modern statement of the law on the rights of the buyer in a sale contract. The seller has to supply goods in conformity with description, of merchantable quality and fit for the stated use. These rights, the ‘implied conditions’, however, can be ousted by express terms in the contract. The Court of Appeal judgement of the UK keenly considered that the exclusion clause should be interpreted in its business sense. However, it sided with precedence established over hundred years that the exclusion clauses take away valuable rights of the buyer and must be strictly and technically constructed.

Additional Information

Product Type Case
Reference No. BP0421
Title Ousting Conditions and Warranties (Buyer's Rights): The Mercini Lady Case
Pages 10
Published on Mar 14, 2018
Year of Event 2010
Authors Pathak, Akhileshwar;
Area Strategy (STR)
Keywords Sale of description; Mechantable quality; Suitable for use; Implied conditions; Sale of goods
Country United Kingdom
Organization Court of Appeal
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