British Leyland Exports v Brittain Manufacturing

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1982
• Docket Number: [1976 No. 169]
• Date: 01 January 1982

(H.C.)

British Leyland Exports

and

Brittain Manufacturing

Exclusion clause - Effect - Agreement between manufacturer and importer for supply of motor cars and components -Breach of manufacturer's primary obligation to supply vehicles - Clause excluding importer's claim to damages - Agreement made in context of commitments made by parties to the Government - Whether construction of agreement affected - Agreement not repudiated by importer.

By an agreement dated the 9th May, 1966, the plaintiffs gave the first defendants the exclusive right to sell to traders in Ireland motor cars manufactured by the plaintiffs in England, and the plaintiffs were bound to deliver to the first defendants from time to time the number of vehicles specified in the agreement. Most of the vehicles supplied to the first defendants pursuant to that agreement were delivered in the form of kits...