SCRUTTONS V MIDLAND SILICONES LTD

(1961) JELR 80169 (HL)    
House of Lords  ·  6 Dec 1961 ·  United Kingdom
 · 
Other Citations
[1962] 1 All ER 1
Scruttons v Midland Silicones Ltd
CORAM
VISCOUNT SIMONDS, LORD REID, LORD KEITH OF AVONHOLM, LORD DENNING AND LORD MORRIS OF BORTH-Y-GEST
Core Terms Beta
contract
case
carrier
bill of lading
dempster case
present case
lords
lloyd's rep
ratio decidendi
carriage of goods
court of appeal
dempster decision
er rep
cargo owners
first place
fundamental rule
advantage of a provision
co v
firm of stevedores
implied contract
law of england
able argument of their counsel
argument presents
case of an agent
case of elder
clear view
contract of affreightment
established principle
first duty
foundation of a dramatic decision of this house
general exception
greater difficulties
greater knowledge
great western ry co v
hodson lj
importance of the case
judgment of scrutton lj
judgment of the learned trial judge
latter word
leading judgment
lord haldane
number of different ways
ordinary use of language
orthodox view
question of consideration
question of law
recent cases
sea act
united states carriage of goods
viscount simonds

VISCOUNT SIMONDS (reading the leading judgment)

My Lords, the facts in this case are not in dispute. They are fully and accurately stated in the judgment of the learned trial judge, Diplock J, and I do not think it necessary to restate them. I come at once to the question of law which arises on them.

The question is whether the appellants, a well-known firm of stevedores, who admittedly by their negligence caused damage to certain cargo consigned to the respondents under a bill of lading of 26 March 1957, can take advantage of a provision for limitation of liability contained in that document. In judgments, with which I entirely agree and to which, but for the importance of the case, I should think it necessary to add nothing, the learned judge and the Court of Appeal have unanimously answered the question in the negative.

The appellants' claim to immunity (for so I will call it for short) was put in a number of different ways, but I think that I do no injustice to the able argument of t…

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