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Lombard North Central v Butterworth

[1987] QB 527

Case summary last updated at 01/01/2020 17:56 by the Oxbridge Notes in-house law team.

Judgement for the case Lombard North Central v Butterworth

 P lent a computer to D on a hire-purchase basis, stating that timely payment was to be a condition. D narrowly failed to make the payments and P repossessed the computer and resold it. The CA upheld P’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 P genuinely… 

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