Law 5110 Study Guide - Quiz Guide: Linnean Society Of London, All England Law Reports, Canada Steamship Lines
Document Summary
Construction (second issue when dealing with exemption clauses) The clause must cover the eventuality/breach in question. Any ambiguity in the clause will be interpreted contra-proferentem, i. e. against the party who is seeking to rely on it. This ambiguity principle particularly relates to negligence liability. Courts will hold the ambiguity against the companies. White v john warwick & co ltd (1953) all er 1021 (ca) C hired a bicycle from d. the contract provided: nothing in this agreement shall render owners liable for any personal injury . The saddle tilted forward while c was riding, and he was injured. Company immediately said that they don"t offer personal injury. The clause was ambiguous in relation to negligence liability; therefore, the contra-proferentem rule was applied. The defendants were not protected by the exclusion clause if they were found to be negligent. Especially clear words must be used to cover negligence liability: Canada steamship lines ltd v the king [1952] ukpc 1.
