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George Mitchell planted 63 acres with the seeds. The crop was useless and had to be ploughed in. George Mitchell brought an action against Finney Lock claiming damages of £61,513 for breach of contract. The issues before the court were whether the exemption clause applied to the breach in question and if it did was it 'fair or reasonable.

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This contract was entered when George Mitchell (chesterhall) LTD bought 30 pounds of cabbage seeds from Finney Locke Seeds LTD for £192. 6 months after the order, the crop failed due to the worthless nature of the seeds. George Mitchell (chesterhall) LTD had ordered a special variety of winter cabbage seeds which grew well in the acres of East.

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The defendant negligently supplied seeds of the wrong type, which were commercially worthless. As a result, the claimant suffered £61,000 worth of loss. When the claimant sued the defendant for breach of contract, the defendant sought to rely on the exclusion and limitation clauses. These would limit the damages payable to a few hundred pounds.

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Finney Lock Seeds Ltd agreed to supply George Mitchell (Chesterhall) Ltd with 30 lb of Dutch winter cabbage seed for £201.60. An invoice sent with the delivery was considered part of the contract and limited liability to replacing 'any seeds or plants sold' if defective (clause 1) and excluding all liability for loss or damage or consequential.

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Due to the use of dodgy seed supplied, Plaintiff lost £60,000 in repairing damage caused by use of wrong seed, even though price charged was only £200. Plaintiff sued Defendant for damages. HL held that the limitation terms were unenforceable since under para 11, schedule 1 of s.55 of Sale of Goods Act (NOW REPEALED but similar to schedule 2.

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Hasson, Reuben A. "The Conflict between Law and Commerce: George Mitchell (Chesterhall) Ltd. v. Finney Lock Seeds Ltd." Canadian Business Law Journal 8.2 (1983): 218-226. This Commentary is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book.

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Please contact Technical Support at +44 345 600 9355 for assistance. View on Westlaw or start a FREE TRIAL today, George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803, PrimarySources.

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By writ of May 16, 1979, the plaintiffs, George Mitchell (Chesterhall) Ltd., claimed damages for breach of contract against the defendants, Finney Lock Seeds Ltd. On December 12, 1978, Parker J. [ 1981] 1 Lloyd's Rep. 476 gave judgment for the plaintiffs for £61,513.78, £30,756 interest and costs.

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George Mitchell (Chesterhall) Ltd. v. Finney Lock Seeds Ltd.1 Fundamental breach is (still) dead. If it were destined to have risen, phoenix-like, from the ashes of Photo Production Ltd. v. Securicor Transport Ltd.,2 it might well have done so in this case. The Court of Appeal, which once before rescued the doctrine after an attempt

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LORD DENNING'S judgment in George Mitchell (Chesterhall) Ltd. v. Finney Lock Seeds Ltd. [1983] Q.B. 284, affirmed [1983] 2 A.C. 803, was delivered on Wednesday, 29 September 1982 and marked the end of a long and distinguished career both at the Bar and on the Bench. Lord Denning. The Judge and the Law is "an attempt to assess Lord Denning's.

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Appeal from - George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd CA 29-Sep-1982. The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost pounds 192, but the farmer lost pounds 61,000. The seed supplier appealed the award of the larger amount and interest, saying that their . .

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Issues in George Mitchell Chesterhall Ltd v Finney Lock Seeds Ltd 1983 2 AC 803. The issues consisted of whether the exclusion clause could extend to the seeds used by the claimant and whether extending the effect of the exclusion clause in this way would be reasonable under the Unfair Contract Terms Act 1977. Held by House of Lords. Appeal.

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Abstract. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803. The document also includes supporting commentary from author Nicola Jackson.

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The Claimant (George Mitchell) and the Defendant (Finney Lock Seeds Ltd) entered into an agreement where the Defendant would supply the Claimant with 30lb of Dutch winter cabbage seed. The invoice for the seeds, which was considered to be a part of the contract, stipulated that liability of the defendant was limited to replacing the seeds or.

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Conditions of the standard form contract included clause 1: if "seeds agreed to be sold" did not comply with the contract or were defective, D's liability is limited to replacement of defective seeds or refund of price paid. Damages claimed were £61,513, whereas the price of the seeds was only £201.60. In the High Court and the Court of.

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George Mitchell v Finney Lock Seeds [1983] QB 284 Court of Appeal. The Claimant farmer George Mitchell purchased 30lb of Cabbage seed from the defendants for £192. The claimant planted the seed over 63 Acres and spent many hours of labour on the crops. The cabbage seeds only produced a small green leaf plant not fit for human consumption.