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Bradshaw regular contract Spurling to store materials; on one occasion some barrels of orange juice were damaged by the latter's negligence, so Bradshaw refused to pay. When sued for payment, his defence was that Spurling's exclusion clause was unknown to him, and could not form part of the contract. Spurling were able to show that Bradshaw had received many accounts from them in previous business, and would have had the opportunity to read the terms of business. This argument was upheld by the court, and the exclusion clause was allowed to stand.
The facts of this case are not very different from those in McCutcheon v MacBrayne (1964); in that case ferry operators were disallowed from relying on an exclusion clause when their boat sank and damaged a customer's car (see: McCutcheonVMacBrayne1964). Why was the exclusion clause struck down in McCutcheon, but allowed in Spurling? Perhaps the frequency and nature of the dealings was different in the two cases but, more likely, the courts are more likely to disallow an exclusion clause that penalizes a consumer than a business.
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