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

[1951] 2 Lloyd's Rep. 295

COURT OF APPEAL.

Before Lord Justice Singleton and Lord Justice Birkett.

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