Warmerdam & Co. Ltd. v Bowie [1965] JJ 437 (19 March 1965)

Exclusion or restriction of liability for defects in goods that are undiscoverable at the time of delivery or within a specified time limit is an objectionable practice and generally not permitted.

Citation: [1965] JJ 437
Parties: Plaintiff: Warmerdam & Co. Ltd.; Defendant: Bowie
Jurisdiction: Jersey
Judgment Date: 19 March 1965
Procedural Posture: Civil / Judgment
Outcome: Supplier's exclusion or restriction of liability not permitted
Legal Topics: Sale of Goods, Defective Goods, Exclusion of Liability

Commercial Law Sale of Goods Defective Goods Exclusion of Liability

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Parties

Warmerdam & Co. Ltd.

Plaintiff

Bowie

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a supplier can exclude or restrict liability for defects in goods that are undiscoverable at the time of delivery or within a specified time limit

Ratio Decidendi

Exclusion or restriction of liability for defects in goods that are undiscoverable at the time of delivery or within a specified time limit is an objectionable practice and generally not permitted.

Court Disposition

Supplier's exclusion or restriction of liability not permitted