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Lombard North Central v Butterworth [1987] QB 527

By Oxbridge Law TeamUpdated 04/01/2024 06:58

Judgement for the case Lombard North Central v Butterworth

Table Of Contents

  • Plaintiff lent a computer to Defendant on a hire-purchase basis, stating that timely payment was to be a condition.

  • Defendant narrowly failed to make the payments and Plaintiff repossessed the computer and resold it.

  • The CA upheld Plaintiff’s termination because the breach was of a condition.  

    • This shows the danger of letting the parties decide what should be a condition and what a warranty, since the more powerful party can simply make every small term a condition.

    • Bad decision since Schuler shows that this is not necessary. On the hand time might have been v important to Plaintiff genuinely… 

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