Union Steamships Limited v. Barnes

Union Steamships Limited v. Barnes

The acceptance of a ticket bearing a clear printed notice on its face referring to conditions on its reverse, together with a factual finding that the ticket form was a reasonable attempt to bring the terms to the passenger's attention, binds the passenger; whether more was required is a question of fact and the tribunal's finding that reasonable steps were taken is conclusive, thereby relieving the carrier of liability under the ticket clause.

Citation
[1956] SCR 842
Parties
Plaintiff/respondent: Archie Barnes; Defendant/appellant: Union Steamships Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1956
Procedural Posture
Personal Injury Appeal (carrier Liability) / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia
Outcome
Appeal allowed
Legal Topics
Limitation of Liability Clause, Notice of Contractual Terms, Passenger Carriage, Negligence
Source Language
English
Transportation Torts Contracts Maritime Law Limitation of Liability Clause Notice of Contractual Terms Passenger Carriage Negligence

Case Brief

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Parties

Archie Barnes

Plaintiff/respondent

Union Steamships Limited

Defendant/appellant

Procedural Posture

Personal Injury Appeal (carrier Liability) / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether a carrier may rely on a ticket clause excluding liability for negligence
  2. 2 Whether the carrier took reasonable steps to bring the limitative condition to the passenger's attention
  3. 3 Whether a passenger who accepts a ticket without reading it can later repudiate its terms

Ratio Decidendi

The acceptance of a ticket bearing a clear printed notice on its face referring to conditions on its reverse, together with a factual finding that the ticket form was a reasonable attempt to bring the terms to the passenger's attention, binds the passenger; whether more was required is a question of fact and the tribunal's finding that reasonable steps were taken is conclusive, thereby relieving the carrier of liability under the ticket clause.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Trial judgment for respondent set aside