Wessanen Foods Ltd v Jofson Ltd [2006] EWHC 1325 (TCC) (08 June 2006)

Wessanen Foods Ltd v Jofson Ltd [2006] EWHC 1325 (TCC) (08 June 2006)

Clause 6(c) of the contract excluded liability for property damage unless such damage was caused by the defendant's negligence. The exclusion was reasonable under the Unfair Contract Terms Act 1977, given the parties' equal bargaining power and knowledge of the terms. The evidence did not establish that the defendant was negligent in respect of cable length, training, or maintenance response, nor that a duty to warn was breached. Therefore, the claim failed.

Citation
[2006] EWHC 1325 (TCC)
Parties
Claimant: Wessanen Foods Ltd; Defendant: Jofson Ltd
Jurisdiction
England and Wales
Judgment Date
08 June 2006
Procedural Posture
Commercial Contract/tort Claim (property Damage) / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Exclusion Clauses, Negligence, Supply of Goods and Services Act 1982, Unfair Contract Terms Act 1977, Limitation of Liability, Duty to Warn, Interpretation of Contracts
Contract Law Tort Law Commercial Law Exclusion Clauses Negligence Supply of Goods and Services Act 1982 Unfair Contract Terms Act 1977 Limitation of Liability +2 more

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Parties

Wessanen Foods Ltd

Claimant

Jofson Ltd

Defendant

Procedural Posture

Commercial Contract/tort Claim (property Damage) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant was liable in contract and/or tort for property damage caused by fire originating from a hired forklift truck
  2. 2 Proper construction and effect of exclusion/limitation clauses (especially clause 6(c)) in the contract
  3. 3 Whether the exclusion clause was reasonable under the Unfair Contract Terms Act 1977

Ratio Decidendi

Clause 6(c) of the contract excluded liability for property damage unless such damage was caused by the defendant's negligence. The exclusion was reasonable under the Unfair Contract Terms Act 1977, given the parties' equal bargaining power and knowledge of the terms. The evidence did not establish that the defendant was negligent in respect of cable length, training, or maintenance response, nor that a duty to warn was breached. Therefore, the claim failed.

Court Disposition

Claim dismissed

Orders

  • Claimant's claim for damages is dismissed.