The King v Canada Steamship Lines Ltd et Al
| Jurisdiction | UK Non-devolved |
| Judgment Date | 1952 |
| Date | 1952 |
| Court | Privy Council |
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272 cases
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Rowlands (Mark) Ltd v Berni Inns Ltd
...by applying the principles concerning exemption clauses to the leases, in particular the decision of the Privy Council in Canada Steamship Lines Ltd. v. The King (1952) A.C. 192. The minority view, in effect, was that sufficient content could be given to the landlords' covenant to insure th......
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Persimmon Homes Ltd and Others (Appellants / Claimants) v Ove Arup & Partners Ltd and Another (Respondents / Defendants)
...case. 54 Turning to the case law on exemption clauses, the claimants rely upon the long line of authorities starting with Canada Steamship Lines Ltd v The King [1952] AC 192. In that well known case the Privy Council was considering the construction of two separate clauses in a lease, one b......
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The "Neptune Agate"
... ... in various parts of the world organized along functional lines. The first plaintiffs, which I shall refer to as Zenith Taiwan, are ... Plaintiffs` counsel relied on the Privy Council case of Canada Steamship Lines Ltd v R , and submitted that the language of cl 6(iii) is ... ...
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Thomas Cook Tour Operations Ltd and Another v Louis Hotels S.A
...having intended to agree to indemnify the second claimant against the consequences of its own negligence or fault. He relies on Canada Steamship Lines v The King [1952] AC 192, a decision of the Privy Council. 54 In Canada Steamship Lines, the Crown leased a freight shed to the appellant co......
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8 firm's commentaries
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Liability Limits In Subrogation
...Ltd. v. British Columbia (Transportation and Highways), [2010] 1 S.C.R. 69 2 Canada Steamship Lines Ltd v The King, [1952] UKPC 1, [1952] AC 192 3 Pêcheries Guy Laflamme Inc. v. Capitaines propriétaires de la Gaspésie (A.C.P.G) Inc., 2015 FCA 78 4 Cummer-Yonge Investments Ltd. v. Agnew-Surp......
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English Court of Appeal signals broader approach to exemption clauses in commercial contracts
...- no longer full steam ahead The Court also considered the presumption stated by the Privy Council in Canada Steamships Lines Ltd v R [1952] AC 192, that (unless stated otherwise) an exemption clause is not intended to apply to liability for negligence. As there was no such statement in the......
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Contra Proferentem - Another Latin Principle Bites The Dust?
...Jackson LJ then turned to look at case law on excluding liability for negligence, starting with Canada Steamships Lines Ltd v The King [1952] AC 192. In that case, the court held that where there was no express reference in an exclusion clause to negligence, in interpreting the clause the c......
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Contra Proferentem: When To Exclude An Exclusion Cause
...imposes terms on another must make those terms clear and should suffer the consequences if it fails to do so. In R v Canada SS Lines Ltd [1952] AC 192 ("Canada Steamship") a three stage approach was set out in relation to clauses purporting to exclude liability for Where wording is clear an......
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6 books & journal articles
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Contract Law
...also considered — in some detail — the principles laid down in the leading Privy Council decision of Canada Steamship Lines Ltd v The King[1952] AC 192, which pertained to the construction (at common law) of exception clauses attempting to limit or exclude liability for negligence (see gene......
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Table of cases
...98 D.L.R. (3d) 670, [1979] S.C.J. No. 63 ...................................................... 156 Canada Steamship Lines v. The King, [1952] A.C. 192, [1952] 2 D.L.R. 786, 5 W.W.R. (N.S.) 609 (P.C.) ......................................... 322 Canada Trustco Mortgage Co. v. Canada, 2011 ......
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Exculpatory Clauses
...the significant nature of this development, there is nothing in the 134 Ibid at para 83. 135 Canada Steamship Lines Ltd v The King , [1952] AC 192 (PC); Canadian Pacific Forest Products Ltd – Tahsis Pacific Region v Beltimber (The) , [1999] 4 FC 320, 175 DLR (4th) 449 (CA); Uma/B&V Ltd v......
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ASSESSING THE REASONABLENESS OF EXCEPTION CLAUSES
...Rep 8. 32 [1989] 2 WLR 790. 33 The Times (14 August 1996) (CA). 34 [1983] 2 AC 803. 35 [2009] EWHC 1919 (TCC). 36 [1983] 1 WLR 964. 37 [1952] AC 192 at 208. 38 [1986] HCA 82, (1986) 161 CLR 500 at 510. 39 [1983] 2 AC 803. 40 Sale of Goods Act 1979 (c 54) (UK). The Unfair Contract Terms Act ......
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