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Smith v South Wales Switchgear: HL 1978

References: [1978] 1 WLR 165
Coram: Lord Fraser, Viscount Dilhorne, Lord Keith of Kinkel
Ratio: The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’. Lord Keith of Kinkel: The tests were guidelines, but ‘guidelines’ but ‘the matter is essentially one of the ascertaining the intention of the contracting parties from the language they have used, considered in the light of surrounding circumstances which must be taken to have been within their knowledge.’
Jurisdiction: England and Wales
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Last Update: 22 April 2017
Ref: 185979

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