Court of Appeal Wellington
1, 25 March; 7 April 1993
Richardson, Hardie Boys and Gault JJ
1, 25 March; 7 April 1993
Richardson, Hardie Boys and Gault JJ
Shipping and navigation — Bill of lading — Bailee's duty of care — Bearer bill of lading misdelivered by courier — Liability of bailee courier for misdelivery.
Contract — Interpretation — Exclusion and limitation clauses — Contractual time bar on claims — International contractual arrangements between commercial firms — Rules of construction — Whether construction based on natural and plain meaning of contract.
Contract — Breach — Contractual duty of care — Misdelivery of bill of lading by courier — Liability for losses arising from misdelivery.
Equity — Fiduciary relationship — Arm's length commercial relationship — Characteristics of fiduciary relationship — Whether fiduciary duties created and breached by courier opening package and acting on information contained therein.
Damages — Assessment — Exclusion and liability limitation clauses — Observations as to contractual liability for consequential loss and relationship in equity.
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