Gillespie Bros. & Company Ltd v Roy Bowles Transport Ltd

JurisdictionEngland & Wales
JudgeTHE MASTER OF THE ROLLS,LORD JUSTICE BUCKLEY,LORD JUSTICE ORR
Judgment Date24 October 1972
Neutral Citation[1972] EWCA Civ J1024-1
Date24 October 1972
CourtCourt of Appeal (Civil Division)
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71 cases
  • Anthony Lawrence Bourke and Another v CIMB Bank Berhad
    • Malaysia
    • High Court (Malaysia)
    • 1 January 2016
  • Onego Shipping & Chartering BV v JSC Arcadia Shipping (The "Socol 3")
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 23 April 2010
    ...(Lord Hobhouse) & 116 (Lord Scott); Smith v South Wales Switchgear at 168G-H (Viscount Dilhorne) & 177H (Lord Keith); Gillespie Bros & Co Ltd v Roy Bowles Transport Ltd [1973] QB 400 at 414G-H (Lord Denning); The Raphael [1982] 2 Lloyd's Rep. at 45, col. 1 (Donaldson LJ) and 49, col. 1 (May......
  • Smith v South Wales Switchgear Company Ltd
    • United Kingdom
    • House of Lords
    • 9 November 1977
    ...that of his servants than when he is merely seeking to establish exemption from liability for his negligence. 8In Gillespie Bros. & Co. Ltd. v. Roy Bowles Transport Ltd. [1973] I Q.B. 400 Buckley L.J. said at p. 419: "It is, however, a fundamental consideration in the construction of contra......
  • Levison v Patent Steam Carpet Cleaning Company Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 April 1977
    ...happen to a bill. Meanwhile the common law has its own principles ready to hand. In Gillespie Bros. & Co. v. Bowles (Roy) Transport (1973) 1 Queen's Bench 400. I suggested that an exemption or limitation clause should not be given effect if it was unreasonable, or if it would be unreasonabl......
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1 firm's commentaries
  • Re-examination of the Use of Indemnity Clauses: Drafting and Reviewing Indemnities
    • Australia
    • Mondaq Australia
    • 27 July 2010
    ...Ors [2004] QCA 475 at paragraph 19 referring to the comments of Buckley LJ in Gillespie Brothers & Co Ltd v Roy Bowles Transport Ltd [1973] QB 400 at 419. 5 Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd [2008] VSCA 26 The content of this article is intended to provide a gene......
1 books & journal articles
  • Exculpatory Clauses
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Interpretation of Agreements
    • 4 August 2020
    ...at 20. 64 (1977), 79 DLR (3d) 481 (BCSC), Anderson J [ Three Spruces ]. 65 See Gillespie Brothers & Co Ltd v Roy Bowles Transport Ltd , [1973] QB 400 at 416 (CA) (“[the law] will not allow a party to exempt himself from his liability at common law when it would be quite unconscionable of hi......

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