The decision of the case of ‘Archbolds (Freightage) Ltd. v S. Spanglett Ltd. Randall [1961] 1 QB 374’ was made by the Court of Appeal
The Judges who decided this case were Sellers, Pearce and Devlin L.JJ.
The case was heard on 4th, 7th and 8th of November and 15th of December 1960.
S. Spanglett Ltd were a Furniture manufacturers in London
The key facts relating to Archbolds (Freightage) Ltd’s claim were:
The defendants were Furniture manufacturers in London and owned a number of vans with ‘C’ licences, which did not allow them to carry for reward the goods of others.
The plaintiffs were carriers with offices in London and Leeds and their vehicles had ‘A’ licences, which enable them to carry the goods of others for reward.
There was an agreement between the plaintiff and the defendant for carrying goods by van
The plaintiff did not know that the defendant’s vans had only ‘C’ licence.
The goods from the loaded van were stolen on the way to London
S Spanglett Ltd said they were not liable to Archbolds (Freightage) because they pleaded illegality of the contract. Their motive was the lack of ‘A’ licence of their vans, which is required by the Act of 1933.
Yes the court decided in favour of “Archibolds (Freightage) Ltd”. The defendant’s appeal was dismissed with costs. Finally “S Spanglett Ltd” was obliged to pay back the stolen load.
Sale of Goods Act 1979
“A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price”. The definition is proved in “Sale of Goods Act 1979”, Part II – “Formation of the contract”, section 2 – “Contract of sale”,(1)
The “Sale of Goods Act 1979” is part of the civil law. This means that problems you have with any goods you have purchased are not a criminal matter, so the police will not be involved. You have to
References: STATUTORY INSTRUMENTS.(2000), Retrieved April, 9, 2009 from http://www.egos.co.uk/legislation/Consumer_Protection__Distance_Selling_regs_2000_as_amended.pdf Statutory Instrument 2000 No. 2334 (2000), Retrieved April, 9, 2009 from http://www.opsi.gov.uk/si/si2000/20002334.htm SALE OF GOODS ACT 1979 (2003), Retrieved April, 9, 2009 from http://www.johnantell.co.uk/SOGA1979.htm Buying goods - Sale of Goods Act (n.d.), Retrieved April, 9, 2009 from http://www.moneymatterstome.co.uk/8-Consumer-rights-responsibilities/Sub1/ButingGoods-SaleOfGoodsAct.htm Magrath, P. (1996), Law Report: Insurer must pay for accident in car park, Retrieved April, 9, 2009 from http://www.independent.co.uk/news/people/law-report-insurer-must-pay-for-accident-in-car-park-1312758.html