Successful Exclusion Of Implied Terms For Goods

The High Court in Air Transworld Ltd v. Bombardier Inc.¹ ruled that an exclusion clause that did not expressly refer to the word "conditions" was nevertheless successful to exclude the conditions implied into a sale of goods under the Sale of Goods Act 1979 (England). In a dispute over the condition of an executive aircraft at the time of delivery from the manufacturer, the High Court ruled that the exclusion clause was clear that all the seller's obligations and liabilities were to be found exclusively in the contract, and that general wording excluding obligations implied by law was sufficient to exclude the conditions implied by the Sales of Goods Act. Mr Justice Cooke rejected arguments that the relevant contract provision as an exclusion clause should be construed contra proferentem, with the result that any ambiguity should be determined in favour of the plaintiff/claimant.