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Exclusion Clauses (Statutory rules)

This topic has 1 reply, 2 voices, and was last updated 14 years ago by MikeLittle.

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March 4, 2011 at 1:17 pm #47650
nadir
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Can you please explain this to me in a bit more detailed and with EXAMPLES:
Unfair Contract Terms Act 1977
It states that a clause exempting liability for:
1 death or personal injury due to negligence is void
2. other loss due to negligence is void unless reasonable.
Please explain these(above) to me in a bit more detailed and with EXAMPLES.
PLEASE REPLY , thanks in advance
March 5, 2011 at 6:52 pm #79483
MikeLittle
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If, by your negligence, you cause death or injury, you cannot rely on an exemption / exclusion clause.
Any exemption clause, to be upheld by the Courts, must be reasonable. Reasonableness is determined by a number of factors – and they are detailed in the course notes!
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