My leisure interests

Martial arts Heritage railways Garden railways Motorcycles DIY

Downloads

Linux downloads Windows downloads Java downloads Perl downloads Home automation downloads

About me

Home & family My CV

Site info

Contact the author Download policy Keyword index

Ailsa Craig Fishing Co Ltd v Malvern Fishing Co (1983)

Last modified: Thu Feb 23 16:37:37 2006

This case (1983] 1 W.L.R. 964) demonstrates the difference in interpretation between Contract.contract clauses the seek to exclude liability (see: Contract.exclusionClause) and those that seek to limit it in some way.

In this case the owner of a vessel contracted with a security firm for its services. In the contract was an exclusion clause, rejecting all liability in certain circumstances, and another clause that limited liability in others. The vessel's owners suffered damage estimated at £55,000 as a result of the admitted negligence and breach of contract by the security firm. Despite the breach of contract, it was held that the limitation clause remained valid, as it reflected the true intentions of the contracting parties. Given the scale of the breach of contract, it is possible that a full exclusion clause would have been struck down.

CaseLaw

Law glossary index

Shameless plug

By the author of this site. Buy on-line from Amazon USA | UK

Editorial

So you want to be a university lecturer? Read this first! Speak like your boss: new developments in managerese

Computing features

File handling in the Linux kernel: an in-depth look at how Linux handles files, filesystems, and file I/O All sorts of Linux stuff Confused about CLASSPATH? answers are here First steps in EJB using jBoss (recently revised for jBoss 3.2)