cpa conditions of hire case update l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
CPA Conditions of Hire: Case Update PowerPoint Presentation
Download Presentation
CPA Conditions of Hire: Case Update

Loading in 2 Seconds...

play fullscreen
1 / 6

CPA Conditions of Hire: Case Update - PowerPoint PPT Presentation


  • 386 Views
  • Uploaded on

CPA Conditions of Hire: Case Update. Graham Ward Assistant Complex Loss Director Cunningham Lindsey UK. CPA Conditions – Is the Jigsaw finally complete ?. Contractors Plant Hire Asso (CPA) – 60 years & some Normal rules of contract apply – Course of Dealing

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'CPA Conditions of Hire: Case Update' - jacob


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
cpa conditions of hire case update

CPA Conditions of Hire: Case Update

Graham Ward

Assistant Complex Loss Director

Cunningham Lindsey UK

cpa conditions is the jigsaw finally complete

CPA Conditions – Is the Jigsaw finally complete ?

Contractors Plant Hire Asso (CPA) – 60 years & some

Normal rules of contract apply – Course of Dealing

Is the plant on hire – i.e. being erected or on a public road.

Clause 5 – Plant in Good Condition.

Clause 8 – Competent Driver/Operator.

Competent is different from Negligent.

Competent is defined as “having sufficient skill, knowledge, etc, etc;

Negligent is defined as “lacking attention, care or concern; neglectful”.

Clause 13 – Allocation of Liability.

slide4

CPA Conditions – Is the Jigsaw finally complete?

IP

D1

D2

Unfair Contract Terms Act 1977

Indemnity or Exclusion Clause ?

Phillips v Hyland [1987]

Indemnity Clause not adequately communicated

McConkey v Amec, 15/2/90, CA.

Driver not trained to use Wylie safe load indicator.

Breach of Clause 8 negates application of Clause 13.

Jose v MacSalvors & Brush Transformers, 15/12/09, CA.

slide5

CPA Conditions – Is the Jigsaw finally complete?

Jose v MacSalvors & Brush Transformers, 15/12/09, CA.

“I was on hire to WPD at Newton Abbott sub-station driving a Grove GMK 4075 80 tonne capacity crane No. Reg. no. WK02 UEG. I climbed onto the tool box at the rear of the superstructure cab to check the hoist rope and adjust the mirror, and to clean some footprints off the top of the box. When I had finished, I stepped backwards off the tool box thinking I had left the crane slewed in line with the chassis and that the deck would be below me. Unfortunately, this was not the case and I stepped back into nothing and I fell to the ground thereby sustaining my injuries.”

slide6

CPA Conditions – Is the Jigsaw finally complete?

Arthur White v Tarmac [1967] – Why can’t the EL duties be transferred taking into account the extent of control ?