Hood v. Anchor Line (Henderson Brothers) Ltd [1917] ScotLR 48 (31 October 1917)

Hood v. Anchor Line (Henderson Brothers) Ltd [1917] ScotLR 48 (31 October 1917)

The shipowners took reasonable steps to bring the limitation of liability condition to the passenger's notice by clear printing on both the ticket and the envelope; the passenger's failure to read the conditions does not prevent the condition from being binding; therefore, the limitation of liability applies and the action is dismissed.

Citation
[1917] ScotLR 48
Parties
Pursuer: John Hood; Defenders: Anchor Line (Henderson Brothers) Limited
Jurisdiction
Scotland
Judgment Date
31 October 1917
Procedural Posture
Civil / Appeal (reclaiming Note) From Dismissal at First Instance
Outcome
appeal dismissed; action dismissed
Legal Topics
Carriage of Passengers, Limitation of Liability, Notice of Contract Terms, Personal Injury, Contract Formation
Contract Law Transport Law Tort Law Carriage of Passengers Limitation of Liability Notice of Contract Terms Personal Injury Contract Formation

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Parties

John Hood

Pursuer

Anchor Line (Henderson Brothers) Limited

Defenders

Procedural Posture

Civil / Appeal (reclaiming Note) From Dismissal at First Instance

Legal Issues

  1. 1 Whether the shipowners gave reasonable notice of the conditions limiting liability on the passenger ticket
  2. 2 Whether the passenger was bound by the limitation of liability clause despite not reading the ticket

Ratio Decidendi

The shipowners took reasonable steps to bring the limitation of liability condition to the passenger's notice by clear printing on both the ticket and the envelope; the passenger's failure to read the conditions does not prevent the condition from being binding; therefore, the limitation of liability applies and the action is dismissed.

Court Disposition

appeal dismissed; action dismissed

Orders

  • The reclaiming note is refused.
  • The interlocutor of the Lord Ordinary dismissing the action is adhered to.