HC Deb 17 July 1963 vol 681 cc674-5

Lords Amendment: In page 58, line 8, at end insert: (1A) No contract for the sale or carriage for reward of any goods shall be void by reason only of a contravention of any provision of, or of any instrument made under, this Act with respect to any document which is, or is required by that provision to be, associated with the goods.

Mr. Denzil Freeth

I beg to move, That this House doth agree with the Lords in the said Amendment.

The Amendment is designed to ensure that a contract which is otherwise legally carried out is not made void by reason only of a failure to comply with the provisions of the Bill relating to delivery notes. Failure to supply a correct delivery note as prescribed in the Bill is an offence which carries a penalty laid down in Clause52. But it appears that there is a chance that under the common law such a contract might be declared illegal and void because its performance had been prohibited by statute law.

Hon. Members will probably agree that it would be unfair if a person who had delivered the goods to his customer but had failed to supply a correct delivery note should not only be liable to the statutory penalty under the Bill, but should also be unable to recover payment for the goods, even though those goods complied fully with the terms of the contract. This is a lacuna that we have managed to stop up. I hope that the House will accept the Amendment.

Question put and agreed to.

Subsequent Lords Amendments agreed to.