Someone recently bought our

students are currently browsing our notes.

X

Re The New York Star

[1981] 1 WLR 138

Case summary last updated at 03/01/2020 17:44 by the Oxbridge Notes in-house law team.

Judgement for the case Re The New York Star

P contracted X to convey packages to the destination. D, stevedores contracted by X to unload the ship, negligently allowed the packages to be stolen in the course of the unloading. There was a clause in the contract that conferred the same protection that X had (claims to be brought within 1 year) on D and Privy Council held that this “Himalaya” clause was effective despite D not being a party to the original contract. 

 Lord Wilberforce: in the normal course of things stevedores can rely on these clauses for ease of business + precedent of The Eurymadon (above). This can apply in tort as well as contract provided the exemption clauses relate to both contractual and tortious liability. Had to be interpreted in the light of industry practice- What about where a party is unaware of industry practice/chooses not to use it?

Have you seen Oxbridge Notes' best Contract Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious adademic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
Contract Law Notes

Contract Law Notes >>