J Spurling Ltd v Bradshaw [1956] EWCA Civ 3 (26 March 1956)

J Spurling Ltd v Bradshaw [1956] EWCA Civ 3 (26 March 1956)

The exemption clause was incorporated into the contract by course of dealing and sufficient notice; the clause covered negligence as alleged in the pleadings, and there was no evidence of a fundamental breach or deviation from the contract. Therefore, the warehousemen were exempt from liability for the damage to the goods.

Citation
[1956] EWCA Civ 3
Parties
Claimant: J. Spurling Ltd.; Defendant: Mr Bradshaw
Jurisdiction
England and Wales
Judgment Date
26 March 1956
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Exemption Clauses, Negligence, Burden of Proof, Incorporation of Terms, Fundamental Breach
Contract Law Bailment Exemption Clauses Negligence Burden of Proof Incorporation of Terms Fundamental Breach

Case Brief

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Parties

J. Spurling Ltd.

Claimant

Mr Bradshaw

Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the exemption clause formed part of the contract between the parties
  2. 2 Whether the exemption clause protected the warehousemen from liability for negligence in storing the goods
  3. 3 Whether sufficient notice of the exemption clause was given to the defendant

Ratio Decidendi

The exemption clause was incorporated into the contract by course of dealing and sufficient notice; the clause covered negligence as alleged in the pleadings, and there was no evidence of a fundamental breach or deviation from the contract. Therefore, the warehousemen were exempt from liability for the damage to the goods.

Court Disposition

appeal dismissed

Orders

  • counterclaim dismissed
  • appeal dismissed with costs