Andrews Bros (Bournemouth) Ltd v Singer & Co Ltd [1934] 1 KB 17

Material Facts:

The claimant ordered a new Singer car from the defendant. The agreement between the claimant and the defendant contained a clause which stated that “all conditions, warranties and liabilities, implied by statute, common law or otherwise are excluded.” The car delivered by the defendant to the plaintiff was used, and the defendant sought to rely on the exclusion clause when the plaintiff sued for damages.

Issues:

1. Whether or not the exclusion clause was effective in limiting the liability of the defendant for failing to provide a new Singer car.

Holdings:

1. That the exclusion clause was not effective in limiting the liability of the defendant.

Ratio Decidendi:

The court held that the exclusion clause incorporated by the defendant was for the exclusion of liability for breach of conditions, liabilities, and warranties implied by statute, common law inter alia, and not for the breach of express terms. The provision of a new singer car was considered an express term of the contract, and therefore not captured by an exclusion clause which only excluded liability for implied terms.