Exclusion Clause in UK Law
-
Photo Production Ltd v Securicor Transport Ltd
... ... in the events which happened and (ii) if so, whether either the exclusion provision, or a provision limiting liability, can be applied on the facts ... as this where it is sought to invoke an exception or limitation clause in the contract. The approach of the Master of the Rolls in the Court of ... ...
-
Ailsa Craig Fishing Company Ltd v Malvern Fishing Company Ltd
... ... 2 Whether a clause limiting liability is effective or not is a question of construction of ... not regarded by the courts with the same hostility as clauses of exclusion: this is because they must be related to other contractual terms, in ... ...
-
Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
... ... to remain in force "for a total of two years consecutive voyages" (Clause 23 of the charterparty). The vessel had "with all possible dispatch" to ... there is a rule of construction that normally an exception or exclusion clause or similar provision in a contract should be construed as not ... ...
-
Smith v Eric S Bush
... ... The Act also contains a prohibition against the exclusion or restriction of liability for negligence which results in loss or damage ... to exercise reasonable skill and care by an express exclusion clause, provided the exclusion clause does not fall foul of the Unfair Contract ... ...
-
Armitage v Nurse
... ... are concerned with the true construction of a trustee exemption clause in a settlement and the legitimate scope of such clauses in English law ... It is not, however, clear whether the prohibition on exclusion of liability for "fraud" in this context only prohibits the exclusion of ... ...
-
Banque Financiere de la Cite S.A. (formerly Banque Keyser Ullmann S.A.) v Westgate Insurance Company Ltd (formerly Hodge General & Mercantile Company Ltd); Banque Keyser Ullmann S.A. v Skandia (U.K.) Insurance Company Ltd
... ... entitled the insurers to repudiate liability under the fraud exclusion clause. But a question of central significance in relation to the other ... ...
-
Harbutt's ‘Plasticine’Harbutt's Ltd v Wayne Tank and Pump Company Ltd
... ... But I must set out conditions 13 and 16 too ... 25 Clause 13 provides. "Time of taking over. The plant shall be deemed to have been ... breach by one of the parties, can the gaiety party rely on an exclusion or limitation clause so as to avoid or limit his liability for the breach? ... ...
-
Banque Financiere de la Cite S.A. (formerly Banque Keyser Ullmann S.A.) v Westgate Insurance Company Ltd (formerly Hodge General & Mercantile Company Ltd); Banque Keyser Ullmann S.A. v Skandia (U.K.) Insurance Company Ltd
... ... 20 Each policy contained a "fraud exclusion" clause ... 21 ... ...
-
AMM (Conflict: Humanitarian Crisis: Returnees: FGM) Somalia
... ... , once outside Somalia (subject to internal relocation and exclusion clause issues), regardless of whether the person could and would “play ... ...
-
Junior Books Ltd v Veitchi Company Ltd
... ... the main contractors and the respondents any relevant exceptions clause, nor whether if there were such an exceptions clause it might be available ... unless there is some justification or vital explanation for its exclusion…. But where negligence is involved the tendency has been to apply ... ...
See all results