Lord Buckmaster said: ‘My Lords, the common law imposes upon the carriers of goods definite and well-known liabilities for the protection of owners. These liabilities are frequently modified by the terms of express contracts, but except to the extent to which plain language effects alteration they still remain and cannot be removed by subtle implications or ambiguous words. No doubt has found place in any of the judgments in this case as to the soundness of this principle and none exists.’
Judges:
Lord Dunedin, Lord Buckmaster, Lord Atkinson, Lord Sumner
Citations:
(1922) 38 TLR 653, [1922] 2 AC 263
Jurisdiction:
England and Wales
Cited by:
Cited – George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd CA 29-Sep-1982
The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost pounds 192, but the farmer lost pounds 61,000. The seed supplier appealed the award of the larger amount and interest, saying that their . .
Lists of cited by and citing cases may be incomplete.
Contract, Transport
Updated: 10 May 2022; Ref: scu.266864
