New Zealand Shipping v AM Satterthwaite (The Eurymedon)

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Decision:

It was held that when he unloaded the machine it was good consideration for the claimant’s promise not to sue them. And the carrier can rely on the exclusion clause , so hence he was not liable and the claimant’s claim failed.

Important Point to remember about Eurymedon case

Lord Wilberforce Said

“English law having committed itself to a rather technical and schematic doctrine of contract. In application takes a practical approach. Often at the cost of forcing the facts to fit un-easily into the marked slots of Offer, Acceptance and consideration.”

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