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''Canada Steamship Lines Ltd v R'' () (UKPC 1 ) is a Canadian contract law case, also relevant for English contract law, concerning the interpretation of unfair terms ''contra proferentem''. The case was decided by the Judicial Committee of the Privy Council on appeal from the Supreme Court of Canada, as the cause for appeal arose before the abolition of such appeals in 1949.〔''Supreme Court Amendment Act'', S.C. 1949 (2nd. session), c. 37, s. 3〕 Although arising in civil law under the Civil Code of Lower Canada, it has been influential in similar cases under English law. ==Facts== In November 1940, Canada Steamship Lines Ltd entered into a Crown lease for a twelve-year term, in which it became a tenant of certain dock property on which was situated a freight shed, on St Gabriel Basin on the Lachine Canal, being part of the Port of Montreal. The lease contained the following clauses: : * Clause 7 said "the lessee (ie, CSL) shall not have any claim… for… damage… to… goods… being… in the said shed." : * Clause 8 said the lessor (ie, the Crown) would maintain the said shed at its own cost and expense. : * Clause 17 said “the lessee shall at all times indemnify ... the lessor from and against all claims ... by whomsoever made ... in any manner based upon, occasioned by or attributable to the execution of these presents, or any action taken or things done ... by virtue hereof, or the exercise in any manner of rights arising hereunder.” In May 1944, while trying to keep the shed in repair with an oxy-acetylene torch, an employee started a fire and burned down the shed. According to proper practice he was negligent and should have used a hand drill because sparks flew and lit some cotton bales. $533,584 of goods were destroyed, of which $40,714 belonging to Canada Steamship Lines. The Crown argued that CSL could not sue because clause 7 excluded liability. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Canada Steamship Lines Ltd v R」の詳細全文を読む スポンサード リンク
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