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Mon 04 Apr 2007Commercial reality of tractor sale included implied term that it was free from dangerous defectsPatrick G. Flynn (plaintiff) v. Dermot Kelly Ltd and New Holland Finance (Ireland) Ltd (defendants)Contract - Sale of goods - Collateral contract - Implied term - Whether implied conditions as to quality and fitness applied - Whether collateral contract existed - Whether fundamental breach of implied condition as to quality - Consumer Credit Act 1995 (No. 24), ss. 2 & 76 - Sale of Goods and Supply of Services Act 1980 (No. 16), s.13.