Limitation of Liability in UK Law
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The Bramley Moore
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The principle underlying limitation of liability is that the wrongdoer should be liable according to the value of his ship and no more. A small tug has comparatively small value and it should have a correspondingly low measure of liability, even though it is towing a great liner and docs great damage. It is a rule of public policy which has its origin in history and its justification in convenience.
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George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd
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It must follow, in my view, that, when asked to review such a decision on appeal, the appellate court should treat the original decision with the utmost respect and refrain from interference with it unless satisfied that it proceeded upon some erroneous principle or was plainly and obviously wrong.
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Suisse Atlantique Société d'Armement Maritime S.A. v N.v Rotterdamsche Kolen Centrale (Silvretta.)
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One may safely say that the parties cannot, in a contract, have contemplated that the clause should have so wide an ambit as in effect to deprive one party's stipulations of all contractual force: to do so would be to reduce the contract to a mere declaration of intent. To this extent it may be correct to say that there is a rule of law against the application of an exceptions clause to a particular type of breach.
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Levison v Patent Steam Carpet Cleaning Company Ltd
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On it I am clearly of opinion that, in a contract of bailment, when a bailee seeks to escape liability on the ground that he was not negligent or that he was excused by an exception or limitation clause, then he must show what happened to the goods. He must prove all the circumstances known to him in which the loss or damage occurred.
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Granville Oil & Chemicals Ltd v Davis Turner & Company Ltd
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The 1977 Act obviously plays a very important role in protecting vulnerable consumers from the effects of draconian contract terms. But I am less enthusiastic about its intrusion into contracts between commercial parties of equal bargaining strength, who should generally be considered capable of being able to make contracts of their choosing and expect to be bound by their terms.
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Midland Silicones Ltd v Scruttons Ltd
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I can see a possibility of success of the agency argument if (first) the Bill of Lading makes it clear that the stevedore is intended to be protected by the provisions in it which limit liability, (secondly) the Bill of Lading makes it clear that the carrier, in addition to contracting for these provisions on his own behalf, is also contracting as agent for the stevedore that these provisions should apply to the stevedore, (thirdly) the carrier has authority from the stevedore to do that, or perhaps later ratification by the stevedore would suffice, and (fourthly) that any difficulties about consideration moving from the stevedore were overcome.
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Ferryways NV v Associated British Ports
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The important question therefore is whether the words in clause 9 “including without the limitation the following” indicate clearly that the parties were giving their own definition of indirect or consequential losses so as to include the specified losses even if they are the direct and natural result of the breach in question. In my judgment those words do not provide the sort of clear indication which is necessary for the Defendant's argument.
- The Limitation of Liability for Maritime Claims (Parties to Convention) Order 1986 and the Carriage of Passengers and their Luggage by Sea (Parties to Convention) Order 1987 (Revocation) Order 2014
- Pilotage Authorities (Limitation of Liability) Act 1936
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Law Reform (Contributory Negligence) Act 1945
... ... Apportionment of liability in case of contributory negligence.1 Apportionment of liability in case ... ) where any contract or enactment providing for the ... limitation of liability is applicable to the claim, the ... amount of damages ... ...
- Merchant Shipping (Limitation of Liability) (Sterling Equivalents) Order 1975
- Limitation of Liability for Damages in European Contract Law
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Ethiopian Law of International Carriage by Air: An Overview
Ethiopia’s aviation history goes back to the late 1920s. And, carriage of goods and passengers by air dates at least as far back as the 1940s - the decade which witnessed the establishment of Ethio...... ... law, international carriage by air, the 1929 Warsaw Convention, liability of the carrier, documents of carriage, limitation of liability of the ... ...
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Cap in hand: for the first time in the UK, accounting firms are legally entitled to ask an audit client for a liability-limitation agreement, Nick Gibbon urges businesses to think carefully before accepting such a deal.
...British companies of all sizes may soon find their auditors knocking on the door--if they haven't already done so--seeking an agreement to limit their liability. Why is this and what is the appropriate response? Accountancy firms and other advisers......
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Expand and contract.
... ... The issue of limitation of liability is relevant to financial-sector ASP contracts because poor ... ...
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Limitation of liability – wasted expenditure or loss of profits?
In a recent decision on contractual interpretation of limitation of liability clauses, an ambiguous limitation of liability clause was found to be enforceable and ‘wasted expenditure’ was held to b...
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Restricted limitation decree
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... Admiralty Court ... Defendant(s) ... (restrict to those defendants who have ... admitted claimant’s right to limit liability) ... UPON CONSENT of the claimants and the above-named defendants ... AND UPON reading the written evidence of ... IT IS ORDERED BY DECREE that by ... ...
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Application for restricted limitation decree
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... defendants that have admitted the claimant’s right to limit liability under the Merchant Shipping Act 19 ... a restricted limitation decree pursuant to the Merchant Shipping Act 19 ... the above-named defendants ... ...
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Defendant's claim in a limitation claim
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... the claimants were granted a decree limiting their liability for the ... On (give date), ... collision to Special Drawing Rights. Due to the collision the defendants suffered damage and loss as follows; (give ... ...
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Declaration as to inability of a defendant to file and serve statement of case under a decree of limitation
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... as he requires further information to enable him to decide whether or ... not to dispute the claimant`s right to limit liability in the following respects: (state them) ... “The defendant (give name) ... requires a further (give period) ... the said general limitation decree ... ...