Williamson v North of Scotland & Orkney & Shetland Steam Navigation Co [1916] ScotCS CSIH_1 (25 February 1916)

Williamson v North of Scotland & Orkney & Shetland Steam Navigation Co [1916] ScotCS CSIH_1 (25 February 1916)

The defenders did not do what was reasonably sufficient to give the pursuer notice of the exclusion condition on the ticket, as the clause was printed in extremely small type and not brought to the pursuer's attention; therefore, the exclusion clause was not incorporated into the contract and the defenders remain liable for negligence.

Citation
[1916] ScotCS CSIH_1
Parties
Pursuer: Williamson; Defender: North of Scotland & Orkney & Shetland Steam Navigation Co
Jurisdiction
Scotland
Judgment Date
25 February 1916
Procedural Posture
Civil Appeal / Reclaiming Note (appeal) From Lord Ordinary's Decision
Outcome
appeal dismissed; interlocutor adhered to
Legal Topics
Carriage of Passengers, Exclusion Clauses, Notice of Contract Terms, Negligence, Contributory Negligence
Contract Law Tort Law Carriage of Passengers Exclusion Clauses Notice of Contract Terms Negligence Contributory Negligence

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Parties

Williamson

Pursuer

North of Scotland & Orkney & Shetland Steam Navigation Co

Defender

Procedural Posture

Civil Appeal / Reclaiming Note (appeal) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the exclusion clause on the ticket exempted the defenders from liability for negligence
  2. 2 Whether the defenders were negligent
  3. 3 Whether the pursuer was contributorily negligent

Ratio Decidendi

The defenders did not do what was reasonably sufficient to give the pursuer notice of the exclusion condition on the ticket, as the clause was printed in extremely small type and not brought to the pursuer's attention; therefore, the exclusion clause was not incorporated into the contract and the defenders remain liable for negligence.

Court Disposition

appeal dismissed; interlocutor adhered to

Orders

  • Defenders remain liable for negligence; exclusion clause not incorporated; no absolvitor granted