Seed potatoes were sold. They were infected with a virus which could not be detected by inspection. The buyers claimed to set off against the cost of the seed potatoes a counter-claim against the sellers for the defective seed. They relied on the 1893 Act.
Held: ‘To my mind the contract in clear language places the risk insofar as damage may exceed the contract price, on the farmer. The contract had been in use for many years with the approval of the negotiating bodies acting on behalf of both seed potato merchants and farmers, and I can see no grounds upon which it would be right for the court to say in the circumstances of this case that such a term is not fair or reasonable.’
Judges:
Griffiths J
Citations:
[1978] 1 Lloyds Rep 602
Statutes:
Supply of Goods (Implied Terms) Act 1973 4, Sale of Goods Act 1893 65
Jurisdiction:
England and Wales
Cited by:
Cited – Schenkers Limited v Overland Shoes Limited and Schenkers International Deutschland Gmbh v Overland Shoes Limited CA 12-Feb-1998
A clause in a shipping freight contract using the standard British International Freight Association terms disallowing a set-off was not unreasonable. The clause read ‘The customer shall pay to the company in cash or as otherwise agreed all sums . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 06 May 2022; Ref: scu.185988
