GALLAHER LTD. v. BRITISH ROAD SERVICES LTD. AND CONTAINERWAY & ROADFERRY LTD.

[1974] 2 Lloyd's Rep 440

QUEEN'S BENCH DIVISION

Before Mr. Justice Kerr

Carriage by road - Conditions of carriage - Limitation of liability - Agreement between consignors of cigarettes and carrier that carrier would fit security devices in lorries - Clause in contract of carriage limiting liability of carrier in case of loss of goods - Security device not set by driver of lorry - Lorry hi-jacked and cigarettes stolen - Whether limitation clause excluded liability for negligence - Whether fundamental breach of contract - Whether carrier entitled to limit liability. Contract - Fundamental breach - Security device not set by lorry driver - Lorry hi-jacked and load stolen - Whether fundamental breach of contract -Whether carrier entitled to rely on clause limiting liability.