If, on the facts of the case, the clause could cover a ground other than negligence, then the clause will be ineffective in excluding liability for negligence and will only be effective as against that alternative head of liability. See for example: White v John Warwick [1953] 1 WLR 1285, where there was an alternative ground (breach of a strict contractual duty) and [case](breach of a statutory duty). Compare these cases with Alderslade v Hendon Laundry [1945] 1 KB 198, where there was no such alternative ground; the wide words in the clause could only conceivably have been intended to cover liability for negligence, and so the court had to give effect to the clause.
Answer
EE Caledonia Ltd v Orbit Valve Co plc [1994] 1 WLR 1515
Tags
#contract #exemption #law
Question
If, on the facts of the case, the clause could cover a ground other than negligence, then the clause will be ineffective in excluding liability for negligence and will only be effective as against that alternative head of liability. See for example: White v John Warwick [1953] 1 WLR 1285, where there was an alternative ground (breach of a strict contractual duty) and [case](breach of a statutory duty). Compare these cases with Alderslade v Hendon Laundry [1945] 1 KB 198, where there was no such alternative ground; the wide words in the clause could only conceivably have been intended to cover liability for negligence, and so the court had to give effect to the clause.
Answer
?
Tags
#contract #exemption #law
Question
If, on the facts of the case, the clause could cover a ground other than negligence, then the clause will be ineffective in excluding liability for negligence and will only be effective as against that alternative head of liability. See for example: White v John Warwick [1953] 1 WLR 1285, where there was an alternative ground (breach of a strict contractual duty) and [case](breach of a statutory duty). Compare these cases with Alderslade v Hendon Laundry [1945] 1 KB 198, where there was no such alternative ground; the wide words in the clause could only conceivably have been intended to cover liability for negligence, and so the court had to give effect to the clause.
Answer
EE Caledonia Ltd v Orbit Valve Co plc [1994] 1 WLR 1515
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it luding liability for negligence and will only be effective as against that alternative head of liability. See for example: White v John Warwick [1953] 1 WLR 1285, where there was an alternative ground (breach of a strict contractual duty) and <span>EE Caledonia Ltd v Orbit Valve Co plc [1994] 1 WLR 1515 (breach of a statutory duty). Compare these cases with Alderslade v Hendon Laundry [1945] 1 KB 198, where there was no such alternative ground; the wide words in the clause could only co
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.