A disclaimer clause using general words such as 'any accident, damage or any other mishap' will not, on its proper construction, extend to exclude liability for a fundamental breach of contract where the effect would be to defeat the main object of the contract. Contributory negligence cannot reduce damages for breach of contract even where there is concurrent liability in tort, following Astley v Austrust Limited. Where a contract of hire includes an express term as to the quality of the thing hired, breach of that term is absolute and does not depend on any element of duty of care.
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