Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Spurling v Bradshaw - 1956

287 words (1 pages) Case Summary

4th Jan 2021 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Spurling v Bradshaw [1956] 1 WLR 461

Validity of contractual clause purporting to exclude liability for negligence of bailees

Facts

Bradshaw sent eight barrels of orange juice to be stored at Spurling’s warehouse. Spurling sent a receipt to Bradshaw on which were printed their conditions of storage. The conditions contained a clause purporting to exclude liability for any losses resulting from their negligence. Bradshaw fell into arrears with his storage payments and Spurling brought an action to recover the monies due. The orange juice was spoiled and unusable, and Bradshaw counterclaimed in negligence.

Issues

Bradshaw alleged Spurling were negligent, and in breach of an implied term to take reasonable care of the barrels because they had left them in the open air and the orange juice had spoiled. He further contended he had not been given sufficient notice of the exemption clause and, therefore, Spurling should not be able to rely on it. Spurling denied negligence and argued they could rely on the exemption clause even if they had been negligent. The clause had been brought to the attention of Bradshaw and was clear and unambiguous in its meaning.

Decision/Outcome

Although it had not been proven that Spurling had been negligent, even if they had been negligent, they would be able to rely on the exclusion clause to avoid liability. Sufficient notice of the clause had been given so as to make it a term of the contract. Exemption clauses will operate to protect a party only where he is carrying out his contract and not where he is deviating from it in a fundamental respect.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report