New Zealand Shipping v AM Satterthwaite (The Eurymedon)

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This case is concerned with the consideration and exclusion clause chapter in contract law

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Facts of the Eurymedon Case

There was a contract between New Zealand shipping and the owner who wanted to load a machine on their boat. The shipping company had an agreement which said that none of our workers will be liable for the damages caused while loading or un-loading the machinery, till one year.

The carriers while un-loading the machine damged it. The claimant brought an action after one year, the carrier wanted to rely on the exclusion clause written in the agreement. The claimant argued that he can’t rely on the clause , as he provided no consideration.

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