Air Transworld Ltd v Bombardier Inc

On 20 February 2012, Cooke J gave judgment for the Defendant in this case that concerned the sale of an aircraft by Canadian aircraft manufacturers, Bombardier. 
 
The Court held that an exclusion clause that did not include the word “condition” was effective to exclude terms that would otherwise arise under the Sale of Goods Act 1979 and rejected the Claimant’s arguments (based on the Mercini Lady [2011] 1 Lloyd’s Rep 442) that the word “condition” or a reference to the right to reject were necessarily required before an exclusion clause could operate to exclude such terms.
 
The Court also considered the scope and ambit of sections 26 and 27 of the Unfair Contract Terms Act 1977  (relating to international supply contracts and the effect of choice of law clauses on the application of the Act), the definition of “consumer” within UCTA and the application of the test of reasonableness to aircraft sales.
 
Tom Weisselberg was junior Counsel for the Defendant.