29 Sept 2011
MURPHY & REES V THE FREE RANGE EGG & POULTRY COMPANY LTD CO NO. 411457 HC WHA CIV-2011-488-000323
- Citation
- openlaw-2cb26f1d_875f_476b_ae6a_cf7705a3f45b.pdf
- Court
- High Court
Clause 3.2 is ambiguous as to the types of loss it seeks to exclude because it refers to liability for defects without identifying "any loss" or specifying consequential or other losses; as a standard form drafted by the respondent the ambiguity must be construed contra proferentem, and on that construction the clause does not exclude the appellants' claimed losses under s16 Sale of Goods Act 1908; therefore the District Court's strike out under the Sale of Goods Act was incorrect and the claim is reinstated.