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Privity of contract and exclusions

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Privity of contract and exclusions

  • This topic has 1 reply, 2 voices, and was last updated 6 years ago by MikeLittle.
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  • October 14, 2018 at 3:30 pm #477963
    Anonymous
    Inactive
    • Topics: 1
    • Replies: 0
    • ☆

    Hi Mike, apologies if I am being dense but in the Privity of Contract section it mentions that an employer may be sued for the negligent acts of its employees. However, in PhotoProduction v Securicor, Securicor could not be sued over its pyrotechnic employee due to the exclusion clause in the contract.

    Please can you clarify this for me as I’m having an argument with myself over it!

    Thank you.

    October 15, 2018 at 6:58 am #478263
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    If there hadn’t been that clause within the contract then Securicor could well have been sued and found liable

    Mersey Docks & Harbour Board v Coggins illustrates the case where an employer was sued because of the negligent acts of the employee

    Besides, Securicor WAS sued – they were found to be not liable only because of that exclusion clause

    Better?

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  • The topic ‘Privity of contract and exclusions’ is closed to new replies.

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