Burton & Company v English & Company

JurisdictionEngland & Wales
Judgment Date19 March 1883
Date19 March 1883
CourtQueen's Bench Division
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18 cases
  • Tor Line A.B. v Alltrans Group of Canada Ltd (TFL Prosperity)
    • United Kingdom
    • House of Lords
    • 15 December 1983
    ... ... But only one of the English cases in which the scope of this clause has been considered has reached ... and of Bowen L.J. almost exactly one hundred years ago in Burton v. English (1883) 12 Q.B.D. 218 at pages 220 and 222. One quotation from ... A/S v. Colonial Sugar Refining Company Ltd. [1960] 2 Lloyd's Rep. 206 was decided by Walsh J. in the Supreme ... ...
  • Union of India v E B Aaby's Rederi A/S (Evje)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 March 1973
    ... ... That was clearly the view of Lord Esher, Master of the Rolls, in Burton v. English (1883) 12 Q.3.D 218, at page 220 : It does not arise from any ... owner usually procures some one, such as a bank or an insurance company, to give an average bond ... 21 As with a bond, so ... ...
  • AET Inc. Ltd v Arcadia Petroleum Ltd (The Eagle Valencia)
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 8 October 2009
    ...which seeks to diminish or qualify that party's basic obligation, is to be construed strictly against [that party]. As Brett MR said in Burton v. English (1883) 12 QBD 218: “The general rule is that where there is any doubt as to the construction of any stipulation in a contract, one ought ......
  • Australian Coastal Shipping Commission v Green
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 December 1970
    ...in proportion to their interests. See the exposition by Lord Tenterden quoted in Hallett v. Wigram (1850 9 C.B.) at pages 607-608; and Burton v. English (1883 12 Q.B.D. 218). Likewise if the Master, for the sake of all, at the height of a storm, cuts away part of the ship's tackle (as in Bi......
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