Curtis v Chemical Cleaning & Dyeing Co Ltd

Curtis v Chemical Cleaning [1951] 1 KB 805 Court of Appeal

The claimant took her wedding dress to the cleaners. She was asked to sign
a form. She asked the assistant what she was signing and the assistant told
her that it excluded liability for any damage to the beads. The form in fact
contained a clause excluding all liability for any damage howsoever caused.
The dress was returned badly stained.

Held:

The assistant had misrepresented the effect of the clause and therefore
could not rely on the clause in the form even though the claimant had
signed it

Stevenson v Rogers [1999] 1 All ER 613 Court of Appeal

The defendant was a fisherman. He sold his fishing boat to the claimant.
The claimant brought an action against the defendant based on breach of
S.14 of the Sale of Goods Act as the boat was not of satisfactory quality.
S.14 only applies to the sale of goods sold in the course of a business. The
defendant argued that the sale of the boat was not in the course of his
business. His business was catching fish and selling them, he was not in the
business of buying and selling fishing boats.

Held:

The sale was in the course of the business and therefore the defendant did
have to ensure the boat was of satisfactory quality.