Wilful Misconduct in UK Law
-
Samuel (P.) & Company Ltd v Dumas
“
It may well be that, when two persons are jointly insured and their interests are inseparably connected so that a loss or gain necessarily affects them both, the misconduct of one is sufficient to contaminate the whole insurance ( Phillips on Marine Insurance, vol.
-
London Steam-Ship Owners' Mutual Insurance Association Ltd v Spain and Another [QBD (Comm)]
“
The essential content of the right is provided by the contract. Save for the Article 76 exceptions, the third party's right is as set out in and defined by the contract. It is the contract that must be looked to in order to determine whether there is any right to recover from the insurer and, if so, on what basis and with what limitations. In many cases the contract is all that will need to be considered.
-
Armitage v Nurse
“
-
Levison v Patent Steam Carpet Cleaning Company Ltd
“
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.
-
Matrimonial Causes Act 1857
... ... Adultery complained of, and without reasonable Excuse, or of such wilful Neglect or Misconduct as has conduced to the Adultery. S-XXXII ... ...
-
Carriage by Air Act 1932
... ... if the damage is caused by his wilful misconduct or by such ... default on his part as, in accordance with the ... ...
-
Workmen's Compensation Act 1897
... ... ) When the injury was caused by the personal negligence or ... wilful act of the employer, or of some person for whose act ... or default the ... to the serious and wilful misconduct of that workman, any ... compensation claimed in respect of that injury ... ...
-
Marine Insurance Act 1906
... ... (a) The insurer is not liable for any loss attributable to the wilful misconduct of the assured, but, unless the policy otherwise provides, he ... ...
-
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...... ... limitation of carrier’s liability and the concept of “wilful misconduct”. It doubled the limit of liability contained in the ... ...
-
STATUTES
... ... limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in ... ...
-
Douglas Brodie, ENTERPRISE LIABILITY AND THE COMMON LAW Cambridge: Cambridge University Press (www.cambridge.org), 2010. xi + 190 pp. ISBN 978052176201. £55.
... ... compensating third parties for damage caused by the negligence or wilful misconduct of employees, or compensating employees for harm caused to them ... ...
-
Armitage v Nurse & Others
The Appellant in this case, referred to throughout the Court of Appeal's judgment as ‘Paula’, was the principal beneficiary under a settlement which contained a trustee exemption clause in the foll...... ... matter how indolent, imprudent, lacking in diligence, negligent or wilful he may have been, so long as he has not acted dishonestly.' On the more ... , however gross, on the one hand and fraud, bad faith and wilful misconduct on the other'. COMMENT Given that exclusion clauses of the breadth of the ... ...
-
Late Amendments To Statements Of Case: Helpful Guidance From The Court Of Appeal
... ... question was directly caused by their gross negligence or wilful ... misconduct. It would therefore be necessary for CNM to amend its ... ...
-
Commercial Contract Law: What Happened In 2016 - Thinkhouse Foundations
... ... contract law over the last 12 months including key topics such as wilful default - and of course a little bit of Brexit ... Mike Reed: My name ... and also similar terms such as deliberate breach and wilful misconduct perhaps because these concepts have been imported from the US. The context ... ...
-
Long-Term LNG Agreements And Short-Term Volatility: Buyers Beware?
... ... additional risk ... Wilful misconduct ... Sometimes, a SPA will contain capped damages clauses that ... ...
-
Scuttling: The Innocent Co-assured's (uninsured) Peril - "The Brillante Virtuoso"
... ... Liability was denied (amongst other things) on the basis ... of wilful misconduct and lack of an insured peril ... The case has a protracted ... ...