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acceptance action agent agreement Appeal held apply authorised authority bailee bailment bailor bill of lading breach British Westinghouse buyer carrier circumstances claim clause common law condition contract contractor contributory negligence Corporation course Court of Appeal damages danger decision defect defendants delivered delivery detinue discharged document duty effect employed employee engineer evidence example express fact FACTORIES ACT fencing hire hire-purchase hirer House of Lords implied implied term injury installation intention invitee judgement liable lien liquidated damages London London County Council Lord Justice Lord Justice Denning loss machine matter means negligence nuisance obligation occupier owner paid particular passed payment performance person plaintiff possession premises principal purchase purpose quantum meruit Railway reasonable REGULATIONS repair rule sell seller ship specific statute statutory tender third party tion tort trade unless usually warranty words