27 Jun 2008
SPEIRS GROUP LIMITED V SUMMERS AND ANOR HC ROT CIV 2007-463-490
- Citation
- openlaw-7d2db0c4_a59e_447a_992f_11082cd04ac2.pdf
- Court
- High Court
The transaction was properly characterized as a lease (bailment plus option) not a sale of goods so statutory warranties under the Sale of Goods Act did not apply; however the defendants' sworn allegations of misrepresentation were not so implausible or dishonest as to be struck out on summary judgment and therefore raised an arguable defence sufficient to defeat the plaintiff's summary judgment application.
- Finance lease
- Classification of transaction (sale vs bailment)
- Statutory warranties
- Inducement by misrepresentation
- Defences available to guarantors
- Summary judgment test