which the shipowner has been held to be protected from negligence unless the contract protected him from negligence in express terms. It seems doubtful whether ... shipowner is not exempted from liability for negligence unless the contract which exempts him is both clear and express, and as the contract
which the shipowner has been held to be protected from negligence unless the contract protected him from negligence in' express terms. It seems doubtful ... shipowner is not exempted from liability for negligence unless the contract which exempts him is both clear and express, and as the contract
negligence
clause.” Now I understand a negligence clause to be a
provision which in express terms exempts a carrier
from liability for the negligence ... shipowner is not
exempted from liability for negligence unless the
contract which exempts him is both clear and express,
and as the contract
that the contract between the parties was not a contract to keep the bars at the risk of the plaintiffs. The contract only required ... from negligence was to be excluded, but in the latter class of cases, where the only liability is in respect of negligence, any contract excluding
even if in law the liability in damages for mere negligence can be contracted out, a liability for breach of a statutory duty cannot ... established by the said Convention. The expressions 'High Contracting Parties' and 'High Contracting Party' used in Articles
above constitutes a proposal, acceptance and promise whereby a formal and binding contract was established between the defendant Nos. 1 and 3 as promisors ... defendant No. 3 hotel in the suit for breach of contract, negligence under the law of torts and vicarious liability for the negligence
respondent no.1/plaintiff because of the
failure to execute the contract or negligence on the
part of the plaintiffs in executing the same,
however ... submits that any
dispute in respect of failure/negligence in
performing the terms and conditions of contract
.....14/-
::: Downloaded on - 09/06/2013
certain points of law arising on the assumption that the contract was a contract to keep the bars at the plaintiffs' risk, I will ... from negligence was to be excluded; but in the latter class of cases, where the only liability is in respect of negligence, any contract excluding
ship owner to protect himself, by express contract, from liability for the negligence of himself or his servant that was also the law applicable ... which allows ship owners to exempt themselves, by express contract, from liability for negligence cannot be applied in India, as it is inconsistent with
that parties to the contract bind themselves by the contract and it is not for the court to make a contract for the parties ... outside the contract. The Division Bench also expressed the view that if the contract offends against the provisions of the Contract
