“Let’s revisit this 2012 IPDraughts post, by Mark Anderson. It will allow us to consider some English contract-law terms of art. I’ll let you read Mark’s post for the background. The gist of it was that in a dispute over an allegedly defective airplane, Bombardier sought to avoid application of sections 13 and 14 of the English Sale of Goods Act 1979 by invoking the contract provision that waived ‘ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE’. But perhaps because the contract used in the deal was based on a US contract (the all capitals are something of a giveaway), the wording left something to be desired for purposes of English law …” (more)
[Adams on Contract Drafting, 6 February]
First posted 2022-02-07 11:00:50
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