George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1982] EWCA Civ 5 and [1983] 2 AC 803 is a case concerning the sale of goods and exclusion clauses. It was decided under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979. Facts Finney Lock Seeds Ltd agreed to supply George Mitchell (Chesterhall) Ltd with 30 lb of Dutch winter cabbage seed for £201.60. An invoice sent with the delivery was considered part of the contract and limited liability to replacing 'any seeds or plants sold' if defective (clause 1) and excluding all liability for loss or damage or consequential loss or damage from use of the seed (clause 2). of crops failed, and £61,513 was claimed for loss of production. The two main issues in the case were whether the limitation clause should be interpreted to cover the seeds actually sold, given that the seeds were wholly defective and so did not do a seed's job at all and whether, under the Unfair Contract Terms Act 1977, s 2(2) the limitation was reasonable (s 11). Judgments High Court Parker J held that the goods sold were not "seeds" at all and he did not look at the statute. On the basis that clause 1 said 'any seeds or plants sold', he held that what was sold could not be considered seeds (because they simply did not work) and therefore the exclusion in clause 2, which was attached to what was sold in clause 1, had no effect. Court of Appeal The majority, Oliver LJ and Kerr LJ, held the limitation clause did not apply because, like Parker J, they held that what was sold was not seed. However, Lord Denning MR dissented from the majority's reasoning and argued the clause applied to limit liability for the seeds sold even if the seeds were defective. Ultimately, all agreed that the clause was invalid under the Supply of Goods (Implied Terms) Act 1973 (see now s 55 SGA 1979 and UCTA 1977) because it was unreasonable. In a memorable passage and his last-ever judgment, Lord Denning MR outlined the problem of the case in this way. House of Lords The House of Lords unanimously upheld the judgment of Lord Denning that the limitation of liability to the cost of the seeds was not effective, because given the relative positions and capability of insurance, it failed the reasonableness