Construction Flashcards
0
Q
What are the rules regarding exemption clauses and negligence?
A
Canada Steamship - must:
Expressly exempt negligence
Must contain words wide enough to exclude liability for negligence by does not exclude other words
Does not have to use the word ‘negligence’
1
Q
If the clause is ambiguous or unclear?
A
Contra Proferentem rule
The courts will interpret it against the party relying on it.
Houghton v trafalgar
2
Q
What about very serious breaches?
A
They can be covered
Photo products v securicor
