The King v Canada Steamship Lines Ltd et Al

JurisdictionUK Non-devolved
CourtPrivy Council
Judgment Date1952
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190 cases
  • Rowlands (Mark) Ltd v Berni Inns Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 1985 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......
  • Persimmon Homes Ltd and Others (Appellants / Claimants) v Ove Arup & Partners Ltd and Another (Respondents / Defendants)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 May 2017 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......
  • The "Neptune Agate"
    • Singapore
    • High Court (Singapore)
    • 19 August 1994
    ...and Securicor (Scotland) [1983] 1 WLR 964; [1983] 1 All ER 101 (folld) Albazero, The [1977] AC 774 (folld) Canada Steamship Lines Ltd v R [1952] AC 192; [1952] 1 All ER 305 (distd) Chanda, The [1989] 2 Lloyd's Rep 494 (distd) Dunlop v Lambert (1839) 6 Cl & Fin 600; 7 ER 824 (folld) Suisse A......
  • Thomas Cook Tour Operations Ltd and Another v Louis Hotels S.A
    • United Kingdom
    • Queen's Bench Division
    • 29 July 2013
    ...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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4 firm's commentaries
  • English Court of Appeal signals broader approach to exemption clauses in commercial contracts
    • New Zealand
    • Mondaq New Zealand
    • 23 June 2017
    ...- 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......
  • Contra Proferentem - Another Latin Principle Bites The Dust?
    • United Kingdom
    • Mondaq UK
    • 20 June 2017
    ...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......
  • Contra Proferentem: When To Exclude An Exclusion Cause
    • United Kingdom
    • Mondaq UK
    • 12 July 2017
    ...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......
  • Mortgagees, Receivers and Security Agents: Excluding Liability on an Enforcement Sale
    • United Kingdom
    • JD Supra United Kingdom
    • 10 September 2020
    ...Principle”). The approach to construing clauses purporting to exclude claims for negligence, as set out in Canada Steamship v. The King [1952] AC 192 (the “Canada Steamship Guidelines”), is a helpful guide but is not to be applied rigidly in all circumstances in a way which might defeat the......

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