Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Exemption/exclusion clause
  • 14 Jun 1976

    CORSINA (FAR EAST) LTD v. TAIPEN YUSEN WHARF & GODOWN CO LTD

    Citation
    CORSINA (FAR EAST) LTD v. TAIPEN YUSEN WHARF & GODOWN CO LTD
    Court
    Court of First Instance
    Case number
    HCA2145/1974

    Defendant was negligent in failing to take obvious and reasonable precautions against water ingress and failed to prove absence of negligence; Kyosei Agencies were not agents of the plaintiff and there was insufficient evidence that the plaintiff knew of or impliedly consented to the defendant's exemption clauses or that such clauses were in a known and contemplated form or usual in the trade, therefore the defendant could not rely on those clauses to escape tortious liability; judgment for plaintiff for damages and costs.