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.

Andrews Brothers v Singer - 1934

308 words (1 pages) Case Summary

18th Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Andrews Bros (Bournemouth) Ltd v Singer & Co Ltd [1934] 1 KB 17

Exemption Clauses, Sale of Goods Act 1979


The claimants and defendants entered into an agreement which stipulated that the claimants would be sole dealers of the claimant’s cars (specifically, new Singer cars) for a designated area and further, that the claimants would purchase a specified number of such cars. The contract contained a clause which stated that all cars sold by the Defendants were subject to the terms of a warranty which was laid out in a Schedule to the contract. Further, that clause excluded all conditions, warranties and liabilities which are implied by statute, common law or otherwise. The warranty in the Schedule applied to new Singer cars and placed an obligation on the defendant to repair or replace any fault on such a car within twelve months of delivery if the fault was due to the materials or the workmanship of the defendant. The claimants ordered a new Singer car. It was delivered and accepted by them, but it was not actually a new car since it had run significant mileage. Upon discovering this, the claimant tried to reject it. The Defendant argued that the exclusion clause protected him since it excluded the requirements of the Sale of Goods Act 1979, s.13, that goods must be as they were described.


The issue in this case was whether the clause could effectively exclude liability in the way argued by the defendants.


The court held that the “new Singer car” was not an implied term but rather an express one; the defendants had therefore breached the contract by not delivering a “new Singer car” and the exemption clause could not be relied upon.

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