This case involved damage to a container of equipment admittedly caused by the negligence of the terminal operator. The terminal operator sought to limit its liability to $100.00 per package pursuant to a limitation clause contained in its tariff. The Court found, however, that the Plaintiff had no knowledge of the tariff and was not bound by it. The Plaintiff’s …
Full SummaryMackay v. Scott Packing and Warehousing Co., [1996] 2 FC 36
The Plaintiff in this case had entered into a contract with the Defendant moving company for the carriage of his personal possessions to England. A large number of articles became lost or damaged during transit. The Defendant accepted liability but argued that it was entitled to rely upon a limitation clause in its contract with the Plaintiff. The Plaintiff argued …
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