ChatterBank2 mins ago
Unfair contract terms act 1977
I am studying for Business Law, and I was wondering if there is any cases for Unfair Contract Terms Act 1977 regarding Schedule 3 of the regulation, specifically the part which covers an attempt by the seller or the supplier to rely on a clause that excludes or limits his liability for death and/or personal injury to a consumer resulting from the seller or suppliers negligence. I am only studying contract law and not delict, so if there is no cases for specifically contract, please let me know
Many thanks
Many thanks
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No best answer has yet been selected by jp_2031. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Ah, so you'd like a case a case where a party attempted to absolve blame for death or personal injury owing to the contractual clause? There aren't many cases on the issue directly, because the legislation is so clear on the matter and it would take a very incompetent person to draft such a contractual clause. However, the stupid are everywhere.
Try starting with Thornton v Shoe Lane Parking or Spurling v Bradshaw and read Lord Denning's dicta, which deals with the reasonableness of clauses. Then try Phillips Products Ltd. v Hyland, where a company aimed to move the burden of compensation onto another person. I would also read Stag Line Ltd. v Tyne Ship Repair Group and in particulare LJ Orr's thoughts on limiting liability (rather than excluding it.) Full citations:
Thornton: [1971] QB 163
Spurling: [1956] 2 All ER 121
Phillips: [1987] 2 All ER 620
Stag Line: [1984] 2 Lloyd's Rep 211
Any other questions, just ask.
Try starting with Thornton v Shoe Lane Parking or Spurling v Bradshaw and read Lord Denning's dicta, which deals with the reasonableness of clauses. Then try Phillips Products Ltd. v Hyland, where a company aimed to move the burden of compensation onto another person. I would also read Stag Line Ltd. v Tyne Ship Repair Group and in particulare LJ Orr's thoughts on limiting liability (rather than excluding it.) Full citations:
Thornton: [1971] QB 163
Spurling: [1956] 2 All ER 121
Phillips: [1987] 2 All ER 620
Stag Line: [1984] 2 Lloyd's Rep 211
Any other questions, just ask.