The written terms of the contract will prevail over any inconsistency in the incorporated provisions. However, in cases involving negligence, it has been repeatedly said that the exemption clause must be construed strictly and that clear words are necessary to exclude liability.
Where there is some ambiguity in the clause and the clause cannot be interpreted according to its natural and ordinary meaning, the clause will be interpreted against the party relying on the clause. The words must clearly specify the type of liability excluded, or else the courts will read it down. The rule applies when there is a grave breach of the contract. An exclusion clause will not cover an act that is neither authorised nor permitted by the main object of the contract.
Read strictly, the exclusion clause did not cover the Council conduct, and they were held liable. However, recourse to this principle of construction may be defeated where the language of an exclusion clause is sufficiently explicit to establish, on the literal reading, that the clause was intended to excuse conduct that lay outside the four corners of the contract.
No part of these notes can be regarded as legal advice. Although all care has been taken in preparing all notes, readers must not alter their position or refrain from doing so in reliance on any of these notes. We collect and use your data to provide and improve our services to you and your experience. By using our website, you agree to the collection and use of your information in accordance with our Privacy Policy.
Our website uses Google Analytics to collect anonymous information such as the number of visitors to the site and the most popular pages. Our website uses Facebook Pixel to collect anonymous information which may be linked to your Facebook account. Our website uses LinkedIn Insight to collect anonymous information including your engagement with posts and pages related to our business on LinkedIn which may be linked to your LinkedIn account.
Keeping this cookie enabled helps us to improve our website, the content on our website and your experience. Our website uses Microsoft Clarity to collect anonymous information on your use and interactions with our website to help improve your use of our website. Feedstuff was sold by some merchants to a farmer. It was found to be defective. The farmer sued the merchants. Subscribers are able to see a list of all the documents that have cited the case.
Subscribers are able to see the revised versions of legislation with amendments. Subscribers are able to see any amendments made to the case. Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy.
Your World of Legal Intelligence. Justice Havers - Middlesex. To continue reading. You can sign up for a trial and make the most of our service including these benefits. Request your trial. But the diversity, if any, was resolved by the decision of the House of Lords in Hardwick Game Farm v. But opting out of some of these cookies may affect your browsing experience. Necessary Necessary. Necessary cookies are absolutely essential for the website to function properly.
These cookies ensure basic functionalities and security features of the website, anonymously. Cookie Duration Description cookielawinfo-checkbox-advertisement 1 year The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Advertisement".
The cookie is used to store the user consent for the cookies in the category "Analytics". The cookies is used to store the user consent for the cookies in the category "Necessary". The cookie is used to store the user consent for the cookies in the category "Other.
The cookie is used to store the user consent for the cookies in the category "Performance". It does not store any personal data. Functional Functional. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. This cookie allows to collect information on user behaviour and allows sharing function provided by Addthis.
This cookie is used for sharing of links on social media platforms. This cookie is used for social media sharing tracking service. Performance Performance. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Cookie Duration Description d 3 months This cookie tracks anonymous information on how visitors use the website. Analytics Analytics.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. This cookie is used to track how many times users see a particular advert which helps in measuring the success of the campaign and calculate the revenue generated by the campaign.
These cookies can only be read from the domain that it is set on so it will not track any data while browsing through another sites. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report.
The cookies store information anonymously and assign a randomly generated number to identify unique visitors. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visted in an anonymous form.
0コメント