A contract of insurance and a facultative reinsurance, under which part of the original risk was reinsured, contained warranties in identical terms.
Held: The warranty in the reinsurance policy, which was governed by English law, should be construed so that it had the same effect as the warranty in the insurance which was governed by Norwegian law which required the breach to be causative of the loss.
A defendant to an allegation of breach of contract was entitled to a defence of contributory negligence if his position as a contract breaker was, by reason of the agreement between the parties, the same as his position as a common law tortfeasor. The definition of fault in the 1945 Act comprises two limbs. The first, referable to the defendant’s conduct, comprises various acts or omissions which give rise to a liability in tort. The second limb, is referable to the plaintiff’s conduct, and deals with acts or omissions which would, but for the Act, have given rise to the defence of contributory negligence.
Judges:
Lord Bridge of Harwich, Lord Templeman, Lord Griffiths, Lord Ackner, Lord Lowry
Citations:
[1988] CLY 413, [1989] AC 852, [1989] UKHL 5, (1988) 2 All ER 43, [1989] 1 Lloyds Rep 331, [1989] Fin LR 223, [1989] 2 WLR 290
Links:
Statutes:
Law Reform (Contributory Negligence) Act 1945 4
Jurisdiction:
England and Wales
Cited by:
Distinguished – Tennant Radiant Heat Ltd v Warrington Development Corporation 1988
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that . .
Cited – Groupama Navigation Et Transports; Continent Sa; Mutuelles Du Mans; Zurich International France SA and Gie Generali Transports (Bodies Corporate) v V Catatumbo Seguros (a Body Corporate) CA 20-Jul-2000
. .
Cited – Tryg Baltic International (UK) Ltd v Boston Compania De Seguros Sa and others ComC 28-May-2004
Four defendants from Argentina sought to have set aside an order for them to be served, saying the appropriate jursidiction, if there was a triable issue, would be Argentina.
Held: The agreements were to be construed according to English Law. . .
Cited – Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased) HL 15-Jul-1999
The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was . .
Cited – Lexington Insurance Co v AGF Insurance Ltd HL 30-Jul-2009
The respondent insurers had been held liable in Washington, and had been granted indemnity against the appellants by the Court of Appeal. The insurance contract had been under the law of Pennsylvania, but that of the re-insurance under the law of . .
Cited – Lloyds TSB Bank Plc v Markandan and Uddin (A Firm) ChD 14-Oct-2010
The claimant sought damages saying that the defendant firm of solicitors had failed to deal properly with a conveyance having paid across the mortgage funds to a non-existent firm of solicitors and without obtaining the appropriate documents at all. . .
Cited – Banca Nazionale Del Lavoro Spa v Playboy Club London Ltd and Others SC 26-Jul-2018
The Playboy casino required a reference for a customer, but asked for this through a third party. The bank was not aware of the agency but gave a good reference for a customer who had never deposited any money with them and nor to whom it had issued . .
Lists of cited by and citing cases may be incomplete.
Damages, Insurance, Contract
Updated: 24 April 2022; Ref: scu.194605