Andrews Brothers (Bournemouth) Ltd v Singer & Co [1934] 1 KB 17
FACTS: The plaintiffs entered into an agreement with the defendants whereby they would be the sole dealer within a specified area for the sale of 'new Singer cars'. By virtue of this agreement, the plaintiffs contracted to purchase a certain number of cars. The written agreement contained a clause stipulating the following: 'all conditions, warranties and liabilities, implied by statute, common law or otherwise are excluded'. The plaintiffs ordered a car from the defendants. At the time of delivery, the car had already travelled some 550 miles and could therefore not be described as new. HELD: The court held that [...].
Answer
the clause only exempted liability for implied terms, whereas this was breach of an express term
Tags
#contract #exemption #law
Question
Andrews Brothers (Bournemouth) Ltd v Singer & Co [1934] 1 KB 17
FACTS: The plaintiffs entered into an agreement with the defendants whereby they would be the sole dealer within a specified area for the sale of 'new Singer cars'. By virtue of this agreement, the plaintiffs contracted to purchase a certain number of cars. The written agreement contained a clause stipulating the following: 'all conditions, warranties and liabilities, implied by statute, common law or otherwise are excluded'. The plaintiffs ordered a car from the defendants. At the time of delivery, the car had already travelled some 550 miles and could therefore not be described as new. HELD: The court held that [...].
Answer
?
Tags
#contract #exemption #law
Question
Andrews Brothers (Bournemouth) Ltd v Singer & Co [1934] 1 KB 17
FACTS: The plaintiffs entered into an agreement with the defendants whereby they would be the sole dealer within a specified area for the sale of 'new Singer cars'. By virtue of this agreement, the plaintiffs contracted to purchase a certain number of cars. The written agreement contained a clause stipulating the following: 'all conditions, warranties and liabilities, implied by statute, common law or otherwise are excluded'. The plaintiffs ordered a car from the defendants. At the time of delivery, the car had already travelled some 550 miles and could therefore not be described as new. HELD: The court held that [...].
Answer
the clause only exempted liability for implied terms, whereas this was breach of an express term
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Parent (intermediate) annotation
Open it by statute, common law or otherwise are excluded'. The plaintiffs ordered a car from the defendants. At the time of delivery, the car had already travelled some 550 miles and could therefore not be described as new. HELD: The court held that <span>the clause only exempted liability for implied terms, whereas this was breach of an express term.<span><body><html>
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