Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd

Trident Turboprop (Dublin) Ltd v First Flight Couriers Ltd

The leases are international supply contracts within the meaning of section 26(4)(a) of the Unfair Contract Terms Act 1977 because the aircraft were to be carried from the UK to India for use in the lessee's business. Therefore, the statutory controls on exclusion clauses, including the requirement of reasonableness, do not apply. The limits on exclusion of liability for misrepresentation are imposed by the Unfair Contract Terms Act, not the Misrepresentation Act 1967, and liability for misrepresentation arises under the contract for these purposes.

Parties
Claimant/respondent: Trident Turboprop (Dublin) Limited; Defendant/appellant: First Flight Couriers Limited
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Exclusion Clauses, International Supply Contracts, Misrepresentation, Statutory Interpretation
Contract Law Commercial Law Exclusion Clauses International Supply Contracts Misrepresentation Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Trident Turboprop (Dublin) Limited

Claimant/respondent

First Flight Couriers Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the leases fall within section 26 of the Unfair Contract Terms Act 1977 and are therefore excluded from the Act's statutory controls on exclusion clauses
  2. 2 Whether liability for misrepresentation arises 'under a contract' within the meaning of section 26(1)
  3. 3 Whether the limits on exclusion of liability for misrepresentation are imposed by the Unfair Contract Terms Act or the Misrepresentation Act 1967

Ratio Decidendi

The leases are international supply contracts within the meaning of section 26(4)(a) of the Unfair Contract Terms Act 1977 because the aircraft were to be carried from the UK to India for use in the lessee's business. Therefore, the statutory controls on exclusion clauses, including the requirement of reasonableness, do not apply. The limits on exclusion of liability for misrepresentation are imposed by the Unfair Contract Terms Act, not the Misrepresentation Act 1967, and liability for misrepresentation arises under the contract for these purposes.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for Trident Turboprop (Dublin) Limited is upheld
  • First Flight Couriers Limited's appeal is dismissed