Appeal against dismissal of claim with costs. The claimant was personal representative of her husband’s estate. He had been employed by the defendants to provide support and security escort to US personnel based in Iraq under a contract for services. He had died carrying out those services. The court was asked to construe the defendant’s obligations.
Held: The appeal failed (Vos LJ dissenting). The contract stated expressly that the engagement was on the terms of the contract of engagement and the other documents mentioned: ‘the cover to be provided under the contract was that provided under the policies themselves whose terms were expressly to prevail at all times. Moreover, none of the contractual documents or the policies indicate that a minimum lump sum of $200,000 would be payable . . the insured and any person claiming through him could only rely upon the benefits conferred by the policies, which were the lump sums provided by them (in varying circumstances) and the benefits payable under the DBA policy. . . She has duly received benefits in excess of $200,000 and is not, therefore, entitled to more.’
Longmore, McCombe, Vos LJJ
[2014] EWCA Civ 1449
Bailii
Unfair Contract Terms Act 1977 3(2)(b)(I)
England and Wales
Citing:
Cited – George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd HL 1983
A seedsman sought to rely upon an exclusion clause preventing any claim by a purchaser by way of set off against its sales invoices. The House was asked whether a contractual term was ‘fair and reasonable’ within the meaning of section 55 of the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 23 December 2021; Ref: scu.538700
