Third Parties Flashcards
1
Q
Only parties can rely on Exclusion clauses
A
Third party rule
2
Q
Alder v. Dickson
A
A passenger fell off and sued the captain
Company- not liable for injuries
Captain- 3rd party
Clause didn’t protect its employees
Only those stated are parties
3
Q
Cosgrave v. Horsfall
A
Driver couldn’t hide behind EC cause he wasn’t a direct party to the contract
4
Q
Scruttons v. Midland Silicones
A
Stevedores wanted to claim protection under company’s exclusion clause.
5
Q
Eurymedon
A
Explicitly included not just the carrier but also any servant or independent
Stevedores damaged the goods and were protected