Jose v MacSalvors Plant Hire Ltd

Jose v MacSalvors Plant Hire Ltd

Clauses 8 and 13 of the CPA agreement do not require the Hirer to indemnify the Owner for claims arising from the Owner's own negligence or breach of statutory duty, as such liability is not expressly and unequivocally stated in the contract. The Owner cannot recover from the Hirer for injuries to its own employee caused by its own negligence.

Parties
Claimant: Thomas Henry Jose; Owner/appellant: MacSalvors Plant Hire Ltd; Hirer/respondent: Brush Transformers Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2009
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Indemnity Clauses, Exclusion of Liability, Negligence, Breach of Statutory Duty, Construction Contracts
Contract Law Tort Law Indemnity Clauses Exclusion of Liability Negligence Breach of Statutory Duty Construction Contracts

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Parties

Thomas Henry Jose

Claimant

MacSalvors Plant Hire Ltd

Owner/appellant

Brush Transformers Limited

Hirer/respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Hirer is liable to indemnify the Owner for injuries to the Owner's employee under clauses 8 and 13 of the CPA agreement when the injury arose from the Owner's own negligence or breach of statutory duty.

Ratio Decidendi

Clauses 8 and 13 of the CPA agreement do not require the Hirer to indemnify the Owner for claims arising from the Owner's own negligence or breach of statutory duty, as such liability is not expressly and unequivocally stated in the contract. The Owner cannot recover from the Hirer for injuries to its own employee caused by its own negligence.

Court Disposition

Appeal dismissed

Orders

  • The Owner's claim against the Hirer is dismissed.
  • No indemnity is payable by the Hirer to the Owner for the injuries to the Owner's employee.