Andrews Bros ltd v Singer Cars [1934] 1 KB 17

By contract the claimants agreed to buy some 'new Singer cars' from the defendant. The contract contained a term which excluded 'all conditions, warranties and liabilities implied by statute, common law or otherwise'. One of the cars delivered was not new but had been used on the road. The claimant sought to reject the car but the defendant argued that the clause was effective to prevent him being able to do so. Since the term implied by s.13 Sale of Goods Act requiring goods to be as described was excluded.

Held: The clause was not effective since it did not cover the loss in question. The requirement of the cars being new was an express term not an implied term. Whilst the Sale of Goods Act implies a term that goods must be as described any ambiguity in the effect of the clause would be interpreted against the party seeking to rely upon it under the contra proferentum rule.

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