Gill (Stewart) Ltd v Myer (Horatio) & Company Ltd
| Jurisdiction | England & Wales |
| Date | 1992 |
| Court | Queen's Bench Division |
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24 cases
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Esso Petroleum Company Ltd v Milton
...case in response. On reflection, however, and guided in particular by certain observations of Lord Donaldson MR in Stewart Gill Limited v Horatio Myer & Co Ltd [1992] QB 600, it is surely plain that we have no option but to reach a clear and final conclusion upon each of the three points, n......
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Barclays Bank Plc v Grant Thornton UK LLP
...... heading "REPORT OF THE INDEPENDENT AUDITOR TO THE COMPANY'S DIRECTOR ON THE NON-STATUTORY FINANCIAL STATEMENTS OF VON ... . 59 In Stewart Gill Ltd v Horatio Myer & Co Ltd [1992] 1 QB 600 the ......
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Regus (UK) Ltd v Epcot Solutions Ltd
...in the context of an exclusion against misrepresentation. He said: “The consequence of the approach adopted in Stewart Gill [[1992] 1 QB 600] is (as the present case shows) that the court may hear arguments that a term is or may be unreasonable (and so wholly void in relation to misrepresen......
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National Westminster Bank Plc v Utrecht-America Finance Company [QBD (Comm)]
...as it is known to English law. Some reliance was placed upon the decision of this court in Stewart Gill Ltd v Horatio Myer & Co Ltd [1992] 1 QB 600 but, given that the clause is concerned only with non-disclosure and not misrepresentation, I can see nothing in that decision which leads to ......
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2 firm's commentaries
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Recent Contract Law Cases Relevant in the Financial Services Industry
...unreasonable because there was no explanation of (C’s) requirement for this clause This is unusual. In the earlier case of Gill v Myer [1992] 1 QB 600 a no set-off clause was held to be unreasonable when it was expressed in the following terms: “The Customer shall not be entitled to withhol......
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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, ......