Exclusion Clause Limited
The appellants bought seed from the respondents as ‘common English sainfoin’ under the proviso that ‘sellers give no warranty, expressed or implied, as to growth, description, or any other matters.’ The seed turned out to be a different kind, and the appellants, who had re-sold the seed to third parties as common English sainfoin, were obliged to pay damages. They sought to recover the amount from the respondents.
Held: The respondents’ failure to supply common English sainfoin amounted to a breach of condition, which, notwithstanding the terms of the contract, entitled the appellants to recover the amount of their loss from the respondents.
Judges:
Lord Chancellor (Loreburn), Lords Ashbourne, Alverstone, and Shaw
Citations:
[1911] AC 394, [1911] UKHL 620, 49 SLR 620
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
At CA (Approved) – Wallis v Pratt CA 1910
Fletcher Moulton L.J considered that the first sense of the term ‘condition’ is ‘There are some [obligations] which go so directly to the substance of the contract or, in other words, are so essential to its very nature that their non-performance . .
Cited – Ellen v Topp 15-Apr-1851
A boy was placed as apprentice with the plaintiff then an auctioneer, appraiser and corn-factor. The plaintiff abandoned the trade of corn-factor, and the boy left. The plaintiff claimed against his father.
Held: The action for the . .
Cited by:
Mentioned – F L Schuler AG v Wickman Machine Tools Sales Limited HL 4-Apr-1973
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship.
Held: The court can not take into account the post-contractual conduct or . .
Lists of cited by and citing cases may be incomplete.
Contract, Insurance
Updated: 23 July 2022; Ref: scu.251073