Cases - Ailsa Craig Fishing v Malvern Fishing

Record details

Name

Ailsa Craig Fishing v Malvern Fishing

Date

[1983]

Citation

1 WLR 964 HL

Keywords

Contract – exemption clauses – limitation of liability – use of clear words required to limit or exclude liability – complete failure to perform – whether party entitled to rely on limitation clause

Summary

The House of Lords confirmed that the rule about the use of 'clear words' need not be so strictly applied to clauses that limit one's liability. (The rule states that any attempt to exclude or indemnify one's liability for one's own negligence must use very clear words.) However, such clauses should still be construed contra proferentum.