Gill (Stewart) Ltd v Myer (Horatio) & Company Ltd
| Jurisdiction | England & Wales |
| Date | 1992 |
| Year | 1992 |
| Court | Queen's Bench Division |
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22 cases
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Esso Petroleum Company Ltd v Milton
...is apart from ordering a future preliminary hearing were it necessary for further evidence to be adduced on some particular issue. 24 Gill v Myer was a case on the third point concerning the fairness of an express contractual provision excluding the right of set-off. The defendants there ......
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Deutsche Bank (suisse) Sa v Gulzar Ahmed Khan & Others
...a defence based on fraud and that, in consequence, it must be seen as unfair. They rely in this regard on Stewart Gill v Horatio Myer [1992] 1 QB 600 at 325 However, the parties at the time of contracting would have contemplated as remote the possibility that either would act fraudulently ......
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Axa Sun Life Services Plc v Mortgage UK Financial Services Ltd & others
...However, I am content to agree that clause 15.2 does not pass the test of reasonableness for two reasons: it is not mutual, and Stewart Gill v. Myer would seem to support such a conclusion. Between: Axa Sunlife Services Plc Appellant and Campbell Martin Ltd Brendon Partington Gary Tibor Hos......
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Regus (UK) Ltd v Epcot Solutions Ltd
... ... International Limited A Merrill Communications Company 190 Fleet Street, London EC4A 2AG Tel No: 020 7404 1400, ... “The consequence of the approach adopted in Stewart Gill [[1992] 1 QB 600] is (as the present case shows) ... ...
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1 firm's commentaries
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How The Dog With The Degree Led To A Contract Without A Cap
...Terms Act 1977. The courts have held that it is never reasonable to exclude liability for fraud (Thomas Witter Ltd v TBP Industries Ltd [1992] Q.B. 600) and therefore liability caps in a contract will not apply to any claim for fraudulent In order to establish fraudulent misrepresentation, ......