is an
English contract law and
English property law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses fou ...
case on exclusion clauses and bailment. It is best known for
Denning LJ
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...
's "red hand rule" comment, where he said,
Facts
J Spurling Ltd had a warehouse in East London. Mr Andrew Bradshaw had seven barrels of
orange juice
Orange juice is a liquid extract of the orange tree fruit, produced by squeezing or reaming oranges. It comes in several different varieties, including blood orange, navel oranges, valencia orange, clementine, and tangerine. As well as vari ...
. He asked Spurling Ltd to store them. In the contract was the "London lighterage clause" which exempted warehousemen from liability due to their negligence. When the barrels were collected, they were damaged. When Bradshaw refused to pay Spurling Ltd, the company sued for the cost. Bradshaw counterclaimed for damages for breach of an implied term of a contract of bailment to take reasonable care.
Judgment
Denning LJ
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...
,
Morris LJ and
Parker LJ held that although the warehouse employees were negligent, the clause effectively exempted them.
Denning LJ's judgment went as follows. Note that his reference to the concept of a
fundamental breach Fundamental breach of contract, is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning, Master of the Rolls from 1962 to 1982, but it did not find favour with the House of Lords.
Wher ...
precluding an exclusion of liability was rejected by the House of Lords some years later in ''
Photo Production Ltd v Securicor Transport Ltd
is an English contract law case decided by the House of Lords on construction of a contract and the doctrine of fundamental breach.
Facts
Photo Productions Ltd engaged Securicor to guard their premises at night. A night-watchman, Mr Musgrove, ...
''
980AC 827.
See also
*''
Thornton v Shoe Lane Parking Ltd
is a leading English contract law case. It gives a good example of the rule that a clause cannot be incorporated after a contract has been concluded, without reasonable notice before. Also, it was held that an automatic ticket machine was an off ...
''
Notes
{{reflist, 2
English property case law
1956 in England
Lord Denning cases
English incorporation case law
Court of Appeal (England and Wales) cases
1956 in case law
1956 in British law