Exemption Clause in UK Law

  • Armitage v Nurse
    • Court of Appeal (Civil Division)
    • 19 March 1997
    ... ... appeal are concerned with the true construction of a trustee exemption clause in a settlement and the legitimate scope of such clauses in English ... ...
  • Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
    • House of Lords
    • 31 March 1966
    ... ... 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 ... when the contract was for it to go by passenger train and so an exemption clause was held not to apply; and Lilley v. Doubleday [1881] 7 Q.B.D ... ...
  • George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd
    • House of Lords
    • 30 June 1983
    ... ... 1 This is a case about an exemption clause contained in a contract for the sale of goods (not being a consumer ... ...
  • Photo Production Ltd v Securicor Transport Ltd
    • House of Lords
    • 14 February 1980
    ... ... 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 ... said, the court itself deprives the party of the benefit of an exemption or limitation clause ( [1978] 1 W.L.R. 863 ). The Lords Justices ... ...
  • Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
    • Court of Appeal (Civil Division)
    • 12 November 1987
    ... ... for saying that condition 2 was void and unenforceable as a penalty clause; but that point was not taken in the court below or in the notice of ... Shoe Lane Parking was a case of an exemption clause and that what their Lordships said must be read as limited to ... ...
  • Midland Silicones Ltd v Scruttons Ltd
    • House of Lords
    • 06 December 1961
    ... ... , the contrary is indicated, as Lord Justice Hodson points out, by clause 17 of the bill of lading which authorises the carrier or master to appoint ... or agents who act under that contract have the benefit of the exemption clause. They cannot be sued in tort as independent people, but they can ... ...
  • Barnsley v Noble
    • Court of Appeal (Civil Division)
    • 02 August 2016
    ... ... This judgment concerns the proper interpretation of an exoneration clause contained in a will to relieve the trustees under trusts set out in the ... counsel and solicitor they would be entitled to rely on the exemption from liability under [the exoneration clause]. An allegation of wilful ... ...
  • Smith v Eric S Bush
    • House of Lords
    • 20 April 1989
    ... ... to exercise reasonable skill and care by an express exclusion clause, provided the exclusion clause does not fall foul of the Unfair Contract ... on an exclusion clause which is an example of a standard form exemption clause operating in favour of the supplier of services and against the ... ...
  • Pacific Associates Inc. v Baxter
    • Court of Appeal (Civil Division)
    • 15 December 1988
    ... ... materials plant and labour to be provided by the Contractor under Clause 5 hereof and the mode manner and speed of execution and maintenance of the ... for that purpose, in the first instance, that there was no such exemption clause or statement as is contained in paragraph 86 of the Conditions of ... ...
  • Wayne Tank and Pump Company Ltd v Employers Liability Assurance Corporation Ltd
    • Court of Appeal (Civil Division)
    • 07 June 1973
    ... ... contract, and that in consequence they could not rely on the exemption clause. The Wayne Tank company were held liable for the damages, which we ... ...
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