FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 1,162 times | Saved to 304 briefcases
London Drugs Ltd. v. Kuehne & Nagel International Ltd., [1992] 3 S.C.R. 299

Facts:

P delivered X to D to be stored. Contract said warehousemen liability restricted unless purchase extra insurance. P knew this and didn’t purchase insurance. X damaged by D

Issue(s):

What is the extent to which employees can claim the benefit of their employer’s contractual limitation of liability clause?

Ratio:

Employees can benefit for a limited liability clause if they are:
**Expressly or impliedly included in the benefit/limitation clause.
**If they were acting in the course of their employment, and
**Performing the very services contracted for by the P when damages occurred.

Holding:

Ds employees can benefit from the limitation of liability clause


Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.