White v John Warwick [1953] 1 WLR 1285

Material Facts:

The claimant hired a tradesman’s tricycle from the defendant and sustained personal injuries whilst using the tricycle. The claimant sued for damages, but the defendants sought to rely on clause 11 of the written agreement which provided that “nothing in this agreement shall render the owners liable for any personal injuries to the riders of the machines hired nor for any third-party claims, nor loss of any goods, belonging to the Hirer, in the Machines.”

Issue:

1. Whether the exclusion clause effectively limits the liability of the defendant for the personal injury suffered by the plaintiff?

Holding:

1. That the exclusion clause only limited the strict liability of the defendant in the contract, but not in tort.

Ratio Decidendi:

That there is a duty of care in tort, and liability for injuries under the contract. Per Lord Justice Singleton, clause 11 of the agreement barred the liability of the defendant in the contract, but “it cannot be said that the words of that clause shut out the Plaintiff from that which he would normally have, an action for damages for the tort of negligence.”