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Thank you for the lectures on Contract Law
Would Securicor have been liable if there was a loss of life or injury to a member of Photofilm company staff? If yes, wouldn’t that be contradicting as a company is either liable for the loss or not – the liability shouldn’t depend on the type of loss, should it?
Many thanks
Well, clearly, the applicability of the exemption clause MUST depend upon the nature of the ‘loss or damage’
Under the Unfair Contract Terms Act it is not available to defend / protect yourself from liability for actions resulting in personal injury or death
I believe that here is a situation where the statute law supersedes / overrides the common law
OK?
ah okay – so if I got this right, any loss of life would have dropped Secuircor case in the territory of the statute law (the unfair contract terms act)…even if they had an exclusion clause saying not responsible for any loss of life or property, the law would have superseded the contract term? right?
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