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Stewart Gill Ltd v Horatio Myer & Co Ltd
''Stewart Gill Ltd v Horatio Myer & Co Ltd'' () (EWCA Civ 6 ) is an English contract law case on the Unfair Contract Terms Act 1977.
==Facts==
Horatio Myer & Co Ltd was buying an overhead conveyor system from Stewart Gill Ltd. It was defective. Myer refused to pay the last 10% instalment. Gill sued. Myer sought to set off the amount it owed against other sums of money it was due to pay, which is a defence to an application for summary judgment. Gill argued that clause 12.4 of the conditions of sale applied, which said ‘The customer shall not be entitled to withhold payment of any amount due to the company under the contract by reason of any payment credit set off counterclaim allegation of incorrect or defective goods or for any other reason whatsoever which the customer may allege excuses him from performing his obligations hereunder.’ The first issue was whether the clause fell into UCTA 1977 and the second was whether it was unreasonable.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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