Law 5110 Study Guide - Quiz Guide: Test Act, All England Law Reports, Mortgage Loan
Document Summary
Does not cover all unfair contract terms; only exemption clauses where the liability sought to be excluded is business liability" (s1(3)). Covers some tortious liability, e. g. exclusion of negligence liability. Contracts of insurance, contracts relating to interests in land, ip, companies and securities, shipping and employment contracts are specifically excluded. Rendering certain types of exemption clauses void (totally unenforceable) while others are subject to a "reasonableness test" (unenforceable unless shown to be reasonable). See s. 11 and schedule 2 (whether the term is reasonable in the circumstances) and related case law. Section s. 2(1) s. 2(2) s. 3(2)(a) s. 3(2)(b)(i) s. 3(2)(b)(ii) s. 6(1) s. 6(1a) s. 8 (misrepresentation. Negligence resulting in loss or damage to property* Soga re sale by description, satisfactory quality, fitness for purpose and sale by sample*** Does not apply to b2c contracts but see s65 and s62 cra for equivalent. Does not apply to b2c contracts but see s62 cra for equivalent.
