Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

WATHES (WESTERN) LTD. v. AUSTINS (MENSWEAR) LTD.

[1976] 1 Lloyd's Rep. 14

COURT OF APPEAL

Before Lord Justice Megaw, Lord Justice Stephenson and Sir John Pennycuick

Contract - Breach - Fundamental breach - Agreement to install air-conditioning plant in shop - Clause in contract exempting supplier from all liability - Plant excessively noisy - Nuisance caused to neighbour - Neighbour's action settled by purchaser of plant - Claim by purchaser against supplier for expenses incurred - Whether fundamental breach by supplier - Contract affirmed - Whether supplier could rely on exemption clause.

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