Warranty or term in the Satellite Agreement
64.The remaining part of AMI’s case came to different ways of saying the same thing: on a proper construction of the Satellite Assignment, Mr Dorset had expressly or by implication warranted that Satellite owned the copyright in Alright.65.66.Because of the clear view I have taken with regard to AMI’s case on misrepresentation, I will take this part of AMI’s case briefly. Mr Poplawski did not challenge Mr Hanke’s proposition that if there was a warranty, it came from Mr Dorset as well as from Satellite. Mr Poplawski’s argument was that there was no warranty at all, on the grounds I have set out above. In my view there was certainly a warranty from Satellite and I therefore accept Mr Hanke’s submission that it came also as an implied warranty from Mr Dorset, the only individual who knew the truth of the matters concerned. Given my finding with regard to misrepresentation, it makes no difference.