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Page1
Status: Positive or Neutral Judicial Treatment
Britain & Overseas Trading (Bristles) Ltd v Brooks Wharf & Bull Wharf Ltd
Queen's Bench Division
01 June 1967
Case Analysis
Where Reported [1967] 2 Lloyd's Rep. 51; [1967] 5 WLUK 83;
Case Digest Subject: Contracts
Other related subjects: Negligence; Personal property
Keywords: Exclusion clauses; Negligence; Product contamination;
Storage
Summary: Storage for reward; negligence; exemption clause
Abstract: The plaintiffs' Chinese and Indian bristles were stored in
the defendants' warehouse under oral contract, the latter being
already in the warehouse when bought by the plaintiffs, the former
warehoused by their direct request. A water pipe burst in the
warehouse, damaging the goods, although the defendants had shut
the stopcocks. For 80 years the defendants had warehoused the
plaintiffs' goods and all documents carried the London Wharfingers'
Clause exempting the defendants from liability for damage.
Held, (1) that the defendants had fulfilled their duty to turn off the
water and were not negligent because grit on valve seatings had
allowed water to trickle through; (2) (obiter)(a) that when the Indian
bristles were sold to the plaintiffs the contract of bailment was
assigned to, and bound them; (b) that the contracts included the
London Wharfingers' Clause by virtue of previous dealings; and (c)
that the clause covered goods stored. The defendants were not
liable.
Judge: Widgery J
Key Cases Citing Considered
McCrone v Boots Farm Sales Ltd
1981 S.C. 68; 1981 S.L.T. 103; [1980] 10 WLUK 188; OH;
1980-10-17
All Cases Citing Considered
McCrone v Boots Farm Sales Ltd
1981 S.C. 68; 1981 S.L.T. 103; [1980] 10 WLUK 188; OH;
1980-10-17
Mentioned by
Peter Cremer GmbH v General Carriers SA (The Dona Mari)
[1974] 1 W.L.R. 341; [1974] 1 All E.R. 1; [1973] 2 Lloyd's Rep. 366;
[1973] 7 WLUK 28; (1973) 117 S.J. 873; QBD (Comm); 1973-07-05
Mentioned by
Henry Kendall & Sons v William Lillico & Sons Ltd
[1969] 2 A.C. 31; [1968] 3 W.L.R. 110; [1968] 2 All E.R. 444; [1968]
Page2
1 Lloyd's Rep. 547; [1968] 5 WLUK 17; HL; 1968-05-08
Commentary Benjamin's Sale of Goods 12th Ed.
Chapter: Chapter 13 - Exemption Clauses
Documents: Section 2. - Basic Principles of Formation of Contract
Applied to Exemption Clauses
Chitty on Contracts 35th Ed.
Chapter: Chapter 23 - Assignment and Novation
Documents: (v) - No Assignment of Liabilities
Goods in Transit, 5th Ed.
Chapter: Chapter 9 - Bailment Claims
Documents: Obligations of the Bailee
Goods in Transit, 5th Ed.
Chapter: Chapter 9 - Bailment Claims
Documents: Bailments on Terms
Goods in Transit, 5th Ed.
Chapter: Chapter 9 - Bailment Claims
Documents: Alienation by Bailor
Guest on the Law of Assignment 5th Ed.
Chapter: Chapter 9 - Assignment of Obligations or Liabilities
Documents: Chapter 9 - Assignment of Obligations or Liabilities
The Law of Personal Property 3rd Ed.
Chapter: Chapter 23 - Rights Transferred by Assignment
Documents: Section B. - Rights Qualified by Burdens
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