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The plaintiffs gave an order to the defendants for a new Singer car and a car was delivered to and accepted by the plaintiffs which, by reason of it having already run a considerable mileage, was not a new car within the meaning of the contract. On a claim by the plaintiffs for breach of contract in supplying a car which was not a new car, the defendants relied upon cl 5 of the agreement as exempting them from liability. The Court of Appeal upheld the judgment of Goddard J, in finding that cl 5, as drafted, did not cover the particular breach which had occurred. On a strict construction, it only applied to the breach of an implied term, and not to the breach of an express term: Andrews Bros (Bournemouth) Ltd v Singer & Co Ltd [1934] 1 KB 17, CA, p 22
DOI link for The plaintiffs gave an order to the defendants for a new Singer car and a car was delivered to and accepted by the plaintiffs which, by reason of it having already run a considerable mileage, was not a new car within the meaning of the contract. On a claim by the plaintiffs for breach of contract in supplying a car which was not a new car, the defendants relied upon cl 5 of the agreement as exempting them from liability. The Court of Appeal upheld the judgment of Goddard J, in finding that cl 5, as drafted, did not cover the particular breach which had occurred. On a strict construction, it only applied to the breach of an implied term, and not to the breach of an express term: Andrews Bros (Bournemouth) Ltd v Singer & Co Ltd [1934] 1 KB 17, CA, p 22
The plaintiffs gave an order to the defendants for a new Singer car and a car was delivered to and accepted by the plaintiffs which, by reason of it having already run a considerable mileage, was not a new car within the meaning of the contract. On a claim by the plaintiffs for breach of contract in supplying a car which was not a new car, the defendants relied upon cl 5 of the agreement as exempting them from liability. The Court of Appeal upheld the judgment of Goddard J, in finding that cl 5, as drafted, did not cover the particular breach which had occurred. On a strict construction, it only applied to the breach of an implied term, and not to the breach of an express term: Andrews Bros (Bournemouth) Ltd v Singer & Co Ltd [1934] 1 KB 17, CA, p 22
ABSTRACT
Scrutton LJ: The question therefore is whether the defendants have succeeded in excluding liability in this case – whether they can tender under the contract goods not complying with the description in the contract and say that the plaintiffs, having accepted the car, cannot now sue for breach of contract.
