Cases - George Mitchell Ltd v Finney Lock Seeds Ltd

Record details

Name
George Mitchell Ltd v Finney Lock Seeds Ltd
Date
[1983]
Citation
2 AC 803 HL
Legislation
Keywords
Contract – sale of Goods - exemption clause – limitation clause – equal bargaining position – whether fair or reasonable to allow reliance on limitation clause
Summary

On an interpretation of the Unfair Contract Terms Act 1977, it was held unreasonable for a limitation clause to operate in circumstances in which the relevant industry recognised that reliance on the clause would not be fair or reasonable, where the parties did not enjoy an equal bargaining position, and where the party seeking to rely on the limitation clause could have insured against the loss without having materially to increase the price of its product.