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 EE Caledonia Ltd v Orbit Valve Co plc [1994] 1 WLR 1515 (breach of a statutory duty). Compare these cases with [case], 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
Alderslade v Hendon Laundry [1945] 1 KB 198
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 EE Caledonia Ltd v Orbit Valve Co plc [1994] 1 WLR 1515 (breach of a statutory duty). Compare these cases with [case], 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 EE Caledonia Ltd v Orbit Valve Co plc [1994] 1 WLR 1515 (breach of a statutory duty). Compare these cases with [case], 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
Alderslade v Hendon Laundry [1945] 1 KB 198
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Open it or example: White v John Warwick [1953] 1 WLR 1285, where there was an alternative ground (breach of a strict contractual duty) and EE Caledonia Ltd v Orbit Valve Co plc [1994] 1 WLR 1515 (breach of a statutory duty). Compare these cases with <span>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 effec
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