Schuler v wickman tools 1974

This meant that clause 7 b , like every other clause in the contract, was subject to clause 11 a i. They had therefore wrongfully repudiated the contract. A clause is to be construed in light of the contract as a whole. Lord Reid thought that if a possible interpretation of a clause leads to a very unreasonable result, this is strong evidence that the parties did not intend the clause to have that meaning. If the parties intend to agree to a clause with a very unreasonable effect, they will normally use very clear wording.

In this case, the contract anticipated the respondents making around visits to manufacturers. Advanced search. Your current browser may not support copying via this button. Sign In Contents. Subscriber sign in You could not be signed in, please check and try again. Username Please enter your Username. Password Please enter your Password. Forgot password? Don't have an account? Schuler A. Edit source History Talk 0. Facts [ ] L. Held The courts held that Clause 7b was a warranty and not a condition and that simply calling a term a condition did not necessarily make it so.

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