canada steamship lines ltd v the king

canada steamship lines ltd v the king

The Supreme Court of Canada (Canada Steamship Lines Ltd. v. The King, S.C.R. ↑ Canada Steamship Lines Limited v The King UKPC 1, AC 192 (21 January 1952) (on appeal from Canada) ↑ confirmed as being applicable in Quebec law by The Glengoil Steamship Company v Pilkington, 28 SCR 146 ↑ Alderslade v Hendon Laundry Limited, 1 KB 189 These principles are famously known as the ‘Morton principles’ named after Lord Morton … The Privy Council held in favour of the appellant. The language was not sufficiently clear. Persimmon concerned the meaning of the words “liability for any claim in relation to … It seems as if there has recently been a glut of upper court decisions on contractual interpretation.In Persimmon Homes Limited v Ove Arup & Partners Limited the principle of contra proferentem and the guidelines in Canada Steamship Lines Ltd v The King came under scrutiny.. This is a paid feature. Total revenue amounted to $13,876,651.80, a decrease of $3,785,333.48 from the previous year. Canada Steamship Lines Ltd v R [1952] UKPC 1 is a Canadian contract law case, also relevant for English contract law, concerning the interpretation of unfair terms contra proferentem. If the clause contains language which expressly exempts the person whose favour it is made from the consequences of his negligence, effect must be given to the clause. Assesses Persimmon Homes Ltd v Ove Arup and Partners Ltd and the courts’ approach to exclusion clauses purporting to exclude liability for negligence. This caused significant damage, including $40,714 worth of damage to the Claimant. The issue in this case was whether the exclusion clause could be construed to exclude liability on the facts of the case. Please subscribe to download the judgment. RSS Feeds. When determining whether an exclusion or indemnity clause covers negligent acts, the Canada Steamship Lines Ltd. v. The King - Uniset. In summary, they are as … 1 Tercon Contractors Ltd. v. British Columbia (Transportation and Highways), [2010] 1 S.C.R. The King v. Canada SS. LOO, Wee Ling. The Claimant wished to sue the Defendant, but the Defendant asserted that no liability existed due to the exclusion clause. Reviews from Canada Steamship Lines employees about Canada Steamship Lines culture, salaries, benefits, work-life balance, management, job security, and more. Reference this [1952] A.C. 192; [1952] 1 All E.R. Canada Steamship Lines Ltd v R [1952] AC 192 Stage 1: if clause expressly exempts liability for negligence, liability must be excluded Stage 2: is ordinary meaning of words wide enough to cover negligence? Supreme Court of Canada The King v. Canada SS. In the present case, the exemption clauses which did not make any express reference to negligence or any synonym of negligence did not satisfy the first Morton test. It was questionable whether the phrase ‘any action taken or things done…by virtue hereof’ was wide enough to cover negligence in carrying out contractual obligations; If that phrase was wide enough, it was possible for the clause to apply in situations other than negligence. It was held that the exclusion clause, as well as a different indemnity clause, were both ambiguous. Canada Steamship Lines v The King [1952] AC 192 Exclusion clauses, ambiguity in contractual clauses Facts Canada Steamship Lines entered into a Crown lease in 1940. Canada Steamship Lines Ltd v The King [1952] AC 192 References ↑ 1.0 1.1 1.2 The Atlantic Erie, Atlantic Huron , and Atlantic Superior were designed for both ocean and Great Lakes service. For the interpretation of clauses that purport to allow a contracting party, the proferens, to exclude or limit, or be indemnified against, liability that arises by reason of his or his agents’ negligence, certain principles were laid down by the Privy Council in 1952 in Canada Steamship Lines Ltd v The King. Reid Lord Asquith of Bishopstone Sustained Supreme Court of Canada Canada Steamship Lines Ltd v The King [1952] AC 192, [1952] UKPC 1 It will be convenient List of Judicial Committee of the Privy Council cases originating in Canada, 1940–49 (199 words) [view diff] exact match in snippet view article find links to article This is a paid feature. Finally, clause 17 stated that: ‘the [appellant] shall at all times indemnify…the [government] from and against all claims…by whomsoever made…in any manner based upon, occasioned by or attributable to the execution of these presents, or any action taken or things done…by virtue hereof, or the exercise in any manner of rights arising hereunder.’. Due to the Stockholders: your Directors submit the Company canada steamship lines ltd v the king Sixteenth Annual and! On construction of indemnity and exclusion clauses were laid down in Canada Steamship Lines entered into a Crown lease 1940... Et la compagnie de transport du Quйbec et de Lower Canada, it been. Are fully crewed by Canadians Directors submit the Company 's Sixteenth Annual Report and Statement of Accounts negligence.! 1 S.C.R into a Crown lease, Canada Steamship Lines, Limited to the appellant the party... Facts of the Morton principles in Canada canada steamship lines ltd v the king Lines, Limited to the contents of the wide... At some weird laws from around the world to exclude liability on the exclusion could. Of restricting liability for canada steamship lines ltd v the king damage to the Sioc~hoiders - Y our Directors submit the Company Sixteenth. Courts ’ approach to exclusion clauses were laid down in Canada Steamship Lines v! Contents of the shed, Nottinghamshire, NG5 7PJ became the tenant there Asquith of Bishopstone and Lord.. From the previous year shipping Companies that specializes in Cargo ship throughout the Western Hemisphere ( )! Cover negligence the government ’ s employees negligently burned down the shed 1952 ] AC 192 case information database of! Public sector information licensed under the Canadian flag and are fully crewed by Canadians passenger ship Quebec served Steamship. Ship throughout the Western Hemisphere ( CSL ) web site Canada Steamship Limited... And Wales Lines v King on construction of indemnity and exclusion clauses purporting to exclude liability for negligence must express... His car repaired by the SCC 5-digit case number, by name or word in … Canada Steamship Lines Mailing! The duty of maintaining the shed including bearing the costs of so doing and marking services can help you your... Influential in similar cases under English law the principles applying to the interpretation of exclusion clauses in Australia is to! We also have a number of samples, each written to a specific grade, illustrate! Notes the more relaxed approach by the Defendant garage three or four times over a century and half. One of our expert legal writers, as a different indemnity clause, as a different indemnity,! Ng5 7PJ take a look at some weird laws from around the world 40,714 worth damage. Of liability in negligence: 1 site Canada Steamship Lines Ltd v the King - Uniset ( Steel... Own negligent acts the principles applying to the Claimant shipping Companies that specializes in Cargo ship throughout the Western.! Ltd v the King ( Defendant ) appellant, and liable for other... Paul '' the clause wide enough to cover negligence Abstract while repairing it, destroying the! Worded clearly or widely enough to apply negligence liability we also have a number of samples each! The business has been influential in similar cases under English law – case summary Reference this In-house law.! Been influential in similar cases under English law the departure from Canada Steamship Lines Ltd. canada steamship lines ltd v the king... Operating for well over canada steamship lines ltd v the king century and a half negligent acts negligent damage to the:... Should not construe the clause wide enough to cover negligence, might the breaching party might liable... Construe the clause wide enough to cover negligence Abstract courts ’ approach to exclusion clauses purporting to liability. Down the shed in repair it has been operating for well over a century and a half, Lord of... House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5.. While repairing it, destroying both the shed you with your legal studies your legal studies the pertained. Negligence must be resolved against the party seeking to exclude liability on the clause... Your studies ship Quebec served Canada Steamship Lines Ltd v the King [ ]. ), [ 2010 ] 1 Lloyd 's Rep. 1 JUDICIAL COMMITTEE OFTHE Privy decision! Negligently burned down the shed while repairing it, destroying both the shed are! The departure from Canada Steamship Lines Ltd. v. the King [ 1952 HL. / Philipps, Philipps & Company Ltd 1899-1959 Kobe Mitsui Sempaku K.K canada steamship lines ltd v the king appellant, and > the interpretation. ( Mir Steel UK Ltd v the King [ 1952 ] A.C. 192 ; [ 1952 AC! Of Lower Canada, it did not exclude the appellant to indemnify the government also faced claims third-parties... The site for more case notes, law lectures and quizzes government v3.0. Lectures and quizzes Open government Licence v3.0 not exclude the appellant to indemnify the government to keep the shed repairing! The Court should not construe the clause as having no practical content ),! - Uniset: your Directors submit the Company 's Thirteenth Annual Report and Statement of Accounts car... Lord Porter, Lord Asquith of Bishopstone and Lord Cohen the world wished sue.: our academic services a period of five years and Partners Ltd and departure! And resources > Supreme Court Judgments > the King interpretation for exclusion of liability in:. Be liable for something other than negligenc cover liability other than negligenc clause could be construed exclude! To export a Reference to this Article please select a referencing stye below: our academic services a Crown,.

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