Baltic Shipping Company V Dillon - Facts

Facts

A widow, Mrs Joan Dillon, bought a cruise from a charterer's travel brochure on the cruise ship MS Mikhail Lermontov (named after the Russian poet, Mikhail Yuryevich Lermontov). She paid a deposit and got a booking form on 6 December 1985, which said the ticket would be issued subject to conditions. She got the ticket on 24 January 1986 which limited liability for personal injury. The ship sank. Mrs Dillon was injured and lost some valuables. She got sent a loss form without reference to personal injuries. The company offered her an ex gratia sum to settle if she signed a release form. She accepted and signed. In 1987 the insurance company and her sued to recover damages for personal injury and other losses.

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