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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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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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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HL held that the limitation terms were unenforceable since under para 11, schedule 1 of s.55 of Sale of Goods Act (NOW REPEALED but similar to schedule 2.
J. C. Mitchell's farm, Finney County, Kansas Kansas Memory Kansas Historical Society
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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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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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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Get free access to the complete judgment in George Mitchell (Chesterhall) Ltd. v Finney Lock Seeds Ltd. on CaseMine.
J.C. Mitchell's farm, Finney County, Kansas Kansas Memory Kansas Historical Society
George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1983] 2 AC 803, HL, p 814. Book Sourcebook on Contract Law. Edition 1st Edition. First Published 1995. Imprint Routledge-Cavendish. Pages 4. eBook ISBN 9781843141518.
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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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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
J. C. Mitchell's ranch, Finney County, Kansas Kansas Memory Kansas Historical Society
The claimant, George Mitchell Ltd, ordered cabbage seeds from Finney Lock Seeds, the defendant. The seeds were planted across 63 Acres of land. The seeds produced plants which were too small, could not be eaten by humans and were commercially useless. The loss to the claimant was 61,000.
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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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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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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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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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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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