WebEnter the email address you signed up with and we'll email you a reset link. WebHoughton v Trafalgar Insurance (1954) A five-seater car was involved in an accident whilst carrying six passengers. The driver's insurance policy exempted the insurers from …

SUPREME COURT OF QUEENSLAND - Queensland Judgments

WebHoughton v Trafalgar Insurance Co Ltd [1954] 1 Q.B. 247 Insurance Company of the Bahamas Ltd v Antonio [2015] UKPC 47 (Bahamas) Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 James v British General Insurance Company Limited [1927] 2 K.B. 311 Jenkins v Deane (1933) 103 L.J.K.B 250 Joel v. 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 ... storycatchers

Validity and Effect of Exclusion Clauses Against Third Parties in …

WebIn cases of ambiguity like this, the courts will generally apply the Contra Proferentem rule; that is, the courts will construe ambiguity in wording against the company seeking to rely … 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. WebWallis, Son & Wells v Pratt & Haynes 1911, Houghton v Trafalgar Insurance Co Ltd 1954. Principle of Fundamental Breach . The general rule is that a proferens may never be … rossmann suchy las