Construction

    Cards (2)

    • Construction of the exemption clause
      Does it cover the loss?
      In order to limit the effect it will be limited to the wording of the clause
      Andrews brothers v Singer
    • Andrew brothers v Singer

      Contract was for a batch of new cars
      one arrived with significant mileage on the clock
      rely on exclusion clause?
      'all conditions, warrantied and liabilities implied by common law, statute or otherwise'
      HELD: the newness of the cars was an express term of the contract and the clause only excluded implied terms