An English court may exercise its jurisdiction in personam over the liquidator to enforce the contract between the chargee and the company, and may require the liquidator to pay the proceeds to the chargee, The Scottish courts did not recognise the validity of a floating charge on a company’s assets.
Whether term brought to notice of party.
Judges:
Lord Dunedin
Citations:
[1918] AC 837, [1918] UKHL 2, (1918) 2 SLT 118, 1918 SC (HL) 143
Links:
Jurisdiction:
Scotland
Citing:
Cited – Hood v Anchor Line (Henderson Brothers) Ltd SCS 25-Feb-1916
Court of Session Inner House Second Division ‘Notice. – This ticket is issued to and accepted by the passenger subject to the following conditions’
In an action at the instance of a passenger on an Atlantic steamer against the shipping company . .
Appeal from – Hood v Anchor Line (Henderson Brothers) Ltd SCS 31-Oct-1917
Court of Session Inner House Second Division – Carriage of Passengers – Conditions on Ticket Limiting Liability of Carrier – Notice of Conditions – A passenger on a trans-Atlantic steamer, who brought an action against the owners thereof for damages . .
Cited by:
Cited – TICC Limited v Cosco (UK) Limited CA 5-Dec-2001
The claimants sought to have incorporated by notice into a contract of bill of lading, the terms of a freight surcharge. Notice had been given to the shipping agents in Hong Kong only. The shippers claimed the surcharge under the 1992 Act, saying . .
Cited – Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd CA 12-Nov-1987
Incorporation of Onerous Terms Requires More Care
Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date.
Held: The plaintiff had not . .
Cited – White v Blackmore CA 15-Jun-1972
The plaintiff attended a jalopy car race and was injured. It was a condition of his entry that he agreed that motor racing was dangerous and that he would not hold the organisers or others responsible if injured. He was injured when a safety rope, . .
Lists of cited by and citing cases may be incomplete.
Contract, Company, Negligence, Personal Injury
Updated: 26 November 2022; Ref: scu.279677