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Last updated: 06-Oct-2014

Per Scott LJ in Beaumont-Thomas v Blue Star Line Ltd. (1939) 3 All ER 127, at pp 130 - 131:

In the case of a carrier of passengers, no such double liability [first as goods’ insurere and second to use due care] attaches. He is under a duty to use due skill and care, and no more. The absolute duty of the goods carrier to keep and deliver safely does not apply. This fundamental difference in the basic contract caused the common law courts of England during the last 100 years to make a difference in the interpretation of general words of exception from liability according as the contract to be construed was one imposing the double duty or only the one duty.


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