Neglience Flashcards
1
Q
If exclusion clause doesn’t explicitly mention negligence..:
A
Courts assume it does NOT cover negligence
2
Q
Why??
A
It’s highly improbable that one party would willingly want to suffer for others carelessness
So unless they saw the word “negligence”
3
Q
White v. Warrick
A
Was riding a bicycle with the saddle bad.
EC- won’t be liable for injuries
Didn’t as well mention negligence
4
Q
Hollier v. Rambler Motors
A
EC- not responsible for fire damages
Car- damaged at fire garage
They were negligent
5
Q
AG Bendel v. UBA
A
Didn’t provide for negligence
