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Clarke v Dunraven, Tha Satanita

[1897] AC 59

Case summary last updated at 03/01/2020 15:07 by the Oxbridge Notes in-house law team.

Judgement for the case Clarke v Dunraven, Tha Satanita

D and P entered their yachts for a club race and signed an agreement to be bond by the club rules. One of these was that if a yacht caused damage by breaking any other rule, it would pay for “all the damage”. D’s boat broke a club rule and caused damage to P’s boat. HL said that the parties had entered a contractual obligation not to disobey the club rules, making D liable to P for damage from breach of contract and fully liable, whereas in a non-contractual obligation the amount to be paid would have been limited. It is not clear how there was a contract between D and P (unlike between D and the club) and Lord Herschel merely says that this was evident from their partaking in the race 

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