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LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN
IRELAND) 1939

LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN
IRELAND) 1939 - LONG TITLE

An Act to modify certain rights and liabilities with respect to
goods lost or damaged by war.
[6th December 1939]
Liabilities in respect of bailments.

LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN
IRELAND) 1939 - SECT 1

1.(1) Where, in the case of the bailment of any goods, whether
before or after the commencement of this Act, an obligation is
imposed on the bailor or bailee by the provisions (whether express
or implied) of any contract or by any enactment, rule of law or
custom

(a)to insure against loss of or damage to the goods;

(b)to repair damage to the goods;

(c)to replace the goods in the event of loss;

(d)to restore the goods or deliver them up in good repair,
notwithstanding such loss or damage;

(e)to continue to pay for the hire of the goods, notwithstanding
such loss or damage; or

(f)to pay damages or compensation for any loss of or damage to the
goods;

(2) Nothing in this section shall relieve a bailee of any liability
for loss of or damage to any goods occurring while the goods are
being kept or transported in a manner or at a place which is
contrary to the terms of any contract relating to the custody or
transport thereof, unless the bailee satisfies the court, in any
proceedings brought to enforce any such liability, that he had
reasonable grounds for believing that the goods were less likely to
be lost or damaged by war while being kept or transported in that
manner or at that place than while being kept or transported in
accordance with the terms of the contract.

(3) Nothing in this section shall relieve a bailor or bailee of
any liability imposed by any contract if the liability is expressly
related to war by the terms of the contract:

Provided that this sub-section shall not apply to any liability
imposed on a bailee by

[(a)a hire-purchase agreement under which the hire-purchase price does
not exceed the sum of one hundred pounds; or

(b)a hiring agreement under which the rate of hire does not exceed
the rate of twenty pounds per annum.]

[(a)a hire-purchase agreement or a conditional sale agreement within
the meaning of the Consumer Credit Act 1974 being a consumer credit
agreement as defined by that Act; or

(b)a consumer hire agreement within the meaning of that Act.]

LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN
IRELAND) 1939 - SECT 2
Liability in respect of goods on approval or sale or return.

2. Where, whether before or after the commencement of this Act

(a)any goods have been delivered to any person (hereafter in this
section referred to as "the buyer") on approval or on sale or
return or other similar terms; and

(b)an obligation is imposed on the buyer by the terms of any
contract, or by any custom, to pay the price of the goods in the
event of their being lost or damaged before the property therein
would otherwise have passed to the buyer;

Provided that, except in a case where the price of the goods does
not exceed twenty-five pounds, this section shall not apply if the
loss or damage in the event of which the buyer is liable to pay
the price of the goods is expressly related to war by the terms
of a contract.

LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN
IRELAND) 1939 - SECT 3
Liability of innkeepers.

3. Where an innkeeper is, as such, under an obligation to make
good any loss of or damage to goods, the obligation shall be
deemed not to extend to loss or damage by war.

LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN
IRELAND) 1939 - SECT 4
Liability in respect of excise duties.

4.(1) Where any goods have become chargeable with a duty of excise
and, before the duty is paid and before the goods have left the
entered or registered premises of the manufacturer, the goods are
lost by war, the duty shall not be chargeable.

(2) Where any goods have become chargeable with a duty of excise
and, before the duty is paid and before the goods have left the
entered or registered premises of the manufacturer, the goods are
damaged by war, then the goods may be abandoned to the
Commissioners of Customs and Excise and thereupon the duty shall not
be chargeable.

(3) The occupier of a warehouse shall not be liable to forfeit any
sum, whether by way of duty or otherwise, in respect of goods
deposited in his warehouse by reason that he has failed to produce
the goods to any officer of Customs and Excise on request, if he
proves that his failure to produce the goods was due to the fact
that the goods or the warehouse have been lost or damaged by war.

LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN
IRELAND) 1939 - SECT 5
Interpretation.

5.(1) In this Act the following expressions have the meanings hereby
assigned to them, that is to say:

"Goods" and "property" have the meanings respectively assigned to
them by the Sale of Goods Act, 1893;

"Hire-purchase price" means the total sum payable by the hirer under
a hire-purchase agreement in order to complete the purchase of goods
to which the agreement relates, exclusive of any sum payable as a
penalty or as compensation or damages for a breach of the
agreement;

"Innkeeper" has the same meaning as in the Innkeepers' Liability
Act, 1863;

"Loss by war" and "damage by war" mean respectively loss (including
destruction) and damage caused by, or in repelling, enemy action, or
by measures taken to avoid the spreading of the consequences of
damage caused by, or in repelling, enemy action, and the expressions
"lost by war" and "damaged by war" shall be construed accordingly.

Subs.(2) rep. by 1954 c.33 (NI) s.48(1) sch.

LIABILITY FOR WAR DAMAGE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN
IRELAND) 1939 - SECT 6
Short title.

6.(1) This Act may be cited as the Liability for War Damage
(Miscellaneous Provisions) Act (Northern Ireland), 1939.

Subs.(2) rep. by SLR (NI) 1952