Houghton v trafalgar insurance 1954
WebIf the meaning of an exemption clause is ambiguous it will be construed contra preferentum, i.e. against the party relying on the clause (the proferens) and in favour of the party … WebJan 19, 2012 · See: Baldry v Marshall [1925] 1 KB 260 Houghton v Trafalgar Insurance Co (1954). Very clear words are needed in a contract to exclude liability for negligence. See: White v John Warwick [1953] 1 WLR 1285. 2.
Houghton v trafalgar insurance 1954
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Webto use generous constructions and the contra proferentem rule in consumer cases, e.g., Houghton v Trafalgar Insurance [1954] 1 QB 247. The common law has also imposed … WebHoughton v. Trafalgar Insurance (1954) Contra preferentem rule - an ambiguous clause will be construed against the party relying upon it. McCutcheon v. MacBrayne Ltd (1964) Sometimes document with exemption clause was signed, sometimes not - although there were many dealings, they were not consistent.
WebHoughton v. Trafalgar Insurance (1954) where the word load in a car insurance policy was held not to extend to an excess of passengers. 8 (Other Common Law Principles) … Web5 minutes know interesting legal mattersHoughton v Trafalgar Insurance Co Ltd [1953] 2 All ER 1409 (UK Caselaw)
WebAug 1, 2010 · HOUGHTON V TRAFALGAR INSURANCE CO [1954] 1 QB 247. Fact: An insurance contract between the Plaintiff and the Defendant (an insurance company) … WebTRVA [1953] EWCA Civ J1111-1 Houghton v The Trafalgar Insurance Company Limited LORD JUSTICE SOMERVELL: This is an appeal from part of a decision of Mr. Justice …
WebFirstly, if there is any ambiguity, the contra-proferentem rule should apply, which states that the court should construe the exemption clause in a manner least favourable to the person seeking to rely on it, as illustrated in the case of Houghton v Trafalgar Insurance Co (1954) In cases of Negligence Liability, the party relying on the EC must ...
WebHoughton, the assured, claimed against the Trafalgar Insurance under an insurance policy in respect of a car accident which resulted in his car becoming a total loss. At the … gainsborough evening tennis leagueWebHoughton v Trafalgar Insurance Co Ltd [1954] Car insurance company ambigous, case went agains them. Webster v Higgins [1948] A clause that provided that 'no warranty, condition or description or representation is given 'was held no to apply to undertakings which had been previously given. gainsborough estate agents lincolnshireWebHOUGHTON v. TRAFALGAR INSURANCE COMPANY, LTD. [1953] 2 Lloyd's Rep. 503 COURT OF APPEAL. Before Lord Justice Somervell, Lord Justice Denning and Lord … black barbers in baton rougeWebHoughton v Trafalgar Insurance Co Ltd (1954) 5 Q Policy will not indemnify some one for illegal or reckless acts. A Gray v Barr (1971) 6 Q 2 cab shifts suspensive condition not warranty ALTHOUGH NO DIFFERENCE NOW FOLLOWING INSURANCE ACT 2015 SO MAY BE IRRELEVANT. A gainsborough evans halshawWebHoughton v trafalgar insurance 1954. Ambiguity in construction. Courts will interpret against party seeking to rely on clause. ... Strict will override negligence if both available (white v john Warwick 1953) 3. If only negligence on facts, clause must be construed to cover neg. (Alderslade v Hendon laundry ltd 1945) gainsborough entrance handlesWebSee: Curtis v Chemical Cleaning Co [1951] 1 KB 805 Unsigned Documents: The exclusion clause may be contained in an unsigned document such as a ticket or a notice. In such a … black barber shops nearbygainsborough estate ipswich