Articles by author
Steaming away from Canada Steamship? The interpretation of exemption clauses in finance documents
Judicial statements over the years have led some commentators to detect a trend away from the use of anything other than general contractual principles in the interpretation of exclusion clauses. Of the special principles at risk, perhaps the best known is the three-stage framework formulated by the Privy Council in 1952 in Canada Steamship Lines Ltd v The King. This article examines recent case law and considers whether that trend may have run its course.
1 MAY 2021Contributory negligence defences to claims against financial institutions
Statute law, common law and equity provide a variety of protections and remedies to customers of financial institutions. This article, though, examines the not uncommon situation where there is a legitimate sense that the customer may to some extent have been the author of his or her own misfortunes.
1 JUL 2023
