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Herrick v Leonard and Dingley Ltd Charter Travel Co Ltd and Another (third parties) - [1975] 2 NZLR 566
$30.00
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High Court Wellington
21 February; 3, 4, 5, March; 14 April; 27 May 1975
McMullin J
21 February; 3, 4, 5, March; 14 April; 27 May 1975
McMullin J
Shipping and navigation — Bill of lading — Automobile carriage contract containing conditions exempting charterer and shipowner and their agents and servants from liability of negligence — Stevedore negligently unloading car.
Contract — Rights and liabilities of strangers to contract — Third party cannot sue upon contract made between two parties notwithstanding it was made for his benefit — Implied contract — Contract unsigned but adopted.
Guarantee and indemnity — General — As the third parties were not liable to the plaintiff the defendant had no right of indemnity — Law Reform Act 1936 s 17(1)(c).
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