A deliberate disregard by a driver of EEC Regulations which govern the length of time that it was permissible for him to drive without a break amounted to ‘wilful misconduct’ when he fell asleep at the wheel and the goods he was carrying were destroyed.
Citations:
[1986] 1 Lloyds Reports 54
Cited by:
Cited – Laceys Footwear (Wholesale) Ltd v Bowler International Freight Ltd and Another CA 18-Apr-1997
The defendant’s driver had taken a consignment of shoes to Spain, where they were stolen. The plaintiff alleged his gross negligence amounted to ‘wilful misconduct’ so as to disapply an exemption clause.
Held: Whether a bailee’s acts . .
Cited – TNT Global Spa and Another v Denfleet International Ltd and Another CA 2-May-2007
The driver of a lorry carrying the claimant’s goods was said to have fallen asleep at the wheel, and the cargo damaged in the accident. The carrier appealed a finding of liability for wilful misconduct.
Held: ‘I am unable to accept that mere . .
Lists of cited by and citing cases may be incomplete.
Insurance
Updated: 29 April 2022; Ref: scu.187677