D. H. BROAD, LTD. v. GENERAL ACCIDENT, FIRE AND LIFE ASSURANCE CORPORATION, LTD.

[1951] 2 Lloyd's Rep. 201

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Contract - Breach - Exceptions clause - Expert examination of motor vehicle to be purchased-Failure by examiner to use care and skill - Liability - Proposed purchase of bulldozer by plaintiffs - Contract entered into between plaintiffs and defendant insurance company whereby company agreed to carry out an expert examination on plaintiffs' behalf-Term of contract that The report to be furnished does not imply any warranty of condition or description of the plant examined, nor is the [insurance company] in any way liable in case any dispute shall arise as to such condition or description.

Purchase made by plaintiffs following upon defendants' expert's report - Allegation by plaintiffs that bulldozer was defective - Claim by plaintiffs against defendants for damages on ground that defendants had failed to exercise care and skill in the examination -Denial of negligence-Further plea by defendants that they were in any case protected by contractual terms -Construction-Preliminary point of law.