Law 5110 Study Guide - Quiz Guide: De Minimis, Sale Of Goods Act 1979, The Seller
Document Summary
S15a is based on the roman law principle de minimus non curat lex judges will not sit in jugement of extremely minor transgressions of the law. What constitutes a slight breach capable of triggering the application of s15a needs to be assessed on a case-by-case basis and requires judicial intervention. Arcos v ramaason: a contract for the sale of a quantity of wooden staves for making barrels described the staves as being half an inch thick. Shipton anderson v weil brothers: under the contract for the sale of a cargo of wheat weighing 10% more or less than 4500 tons, sellers tendered a cargo weighing 55lbs more than the maximum quantity. In light of these cases, it is difficult to provide specific guidelines for the application of s15a sga 1989 but it is clear that de minimus only apply in extreme scenarios. Bowes v shand: two contracts, each for the sale of 300 tons of rice, were made in london.
