1. Foundation Law 2013/14
Lecture 15
Conditions, Warranties and Implied Terms
Reading List:
Jacqueline Martin, “GCSE Law”, 5th
edition, Chapter 32-Consumer Law
Cases:
• Esso Petroleum Co. Ltd v Marden (1976)
• Hedley Bryne & Co Ltd v Heller & Partners Ltd (1963)
• Poussard v Spiers (1876)
• Rowland v Divall (1923)
• Beale v Taylor (1967)
• Wormwell v RHM Agricultural Ltd (1987)
• Priest v Last (1903)
Preparatory Questions for Seminar 15:
1. Explain the key differences between a negligent misrepresentation and a negligent
misstatement.
2. What is an implied term?
3. Explain what type of contract is governed by the Sale of Goods Act 1979.
4. What is the difference between a condition and a warranty?
5. Outline the provisions under sections 12, 13, 14 and 15 of the Sale of Goods Act 1979 and
section 13 of the Supply of Goods and Services Act 1982.
1
Learning Outcomes:
 Understand the difference between a “negligent misrepresentation” and “negligent misstatement”;
 Show knowledge & understanding of the different contractual terms;
 Explain what is meant by an implied term;
 Explain the difference between a condition and a warranty and the effect of breach of these terms;
 Show knowledge & understanding of the provisions under the Sale of Goods Act 1979 & the Supply
of Goods and Services Act 1982;
 Understand the effect of exclusion clauses;
 Apply legal principles to given facts and demonstrate criticality & analysis when answering fact
based questions; and
 Analyse case law and be able to apply case law in a persuasive manner to hypothetical case studies