FRIDAY, MAY 19, 1989
2
PURPORTS UNDERTAKINGS
AN EXEMPTION CLAUSE WOULD ALSO BE INEFFECTIVE IF IT
IMPLIED TO EXCLUDE OR RESTRICT LIABILITY FOR A SELLER'S AS TO THE TITLE TO GOODS SOLD OR THE QUALITY OF GOODS SUPPLIED.
ΤΟ
"THUS. IF A PERSON SELLS A STOLEN CAR AND THE PURCHASER HAS
THE TRUE RETURN IT TO
OWNER, AN EXEMPTION
IN CLAUSE
THE SALES TO COMPENSATE CONTRACT COULD NOT RELIEVE THE SELLER OF HIS LIABILITY THE BUYER, MR CHAN EXPLAINED.
"SIMILARLY, IF A CONSUMER AGREES TO BUY OR HIRE A WELL-KNOWN IS DELIVERED. AN MAKE OF TELEVISION SET BUT A DIFFERENT MAKE OF SET EXEMPTION CLAUSE COULD NOT RELIEVE THE DEALER OF LIABILITY FOR OF CONTRACT,' HE ADDED.
I
MR CHAN SAID THAT IN CERTAIN CIRCUMSTANCES AN EXEMPTION
BE EFFECTIVE PURPORTING TO EXCLUDE OR RESTRICT LIABILITY WOULD IN SO FAR AS IT SATISFIED THE REQUIREMENT OF REASONABLENESS.
AS ILLUSTRATIONS, HE GAVE THE FOLLOWING EXAMPLES:
*
BREACH
CLAUSE ONLY
IF A FIRM OF DRY CLEANERS NEGLIGENTLY LOSES A SUIT LEFT WITH IT BY A CUSTOMER, A CLAUSE PURPORTING TO LIMIT THE LIABILITY OF THE FIRM IN
OF THAT LOSS WOULD BE SUBJECT TO THE REASONABLENESS TEST;
RESPECT
THE CAR IF I A WOMAN BOOKS A CAR FOR HER WEDDING DAY AND FAILS TO ARRIVE OR (11) A SUPPLIER OF OFFICE EQUIPMENT (WHO USES STANDARD TERMS OF BUSINESS) FAILS TO DELIVER EQUIPMENT THE CONTRACTED FOR. AN EXEMPTION CLAUSE PURPORTING TO LIMIT LIABILITY FOR A BREACH OF CONTRACT WOULD BE SUBJECT TO THE REASONABLENESS TEST:
IF A PERSON HIRES FOR HIS BUSINESS A PHOTOCOPYING MACHINE AND,
ON ARRIVAL. THE MACHINE DOES NOT WORK. A CLAUSE PURPORTING TO EXCLUDE LIABILITY FOR
DEFECTS SUBJECT TO THE REASONABLENESS TEST:
ANY
WOULD BE
A
CLAUSE
WHERE A RESTAURANT OFFERS A VALET PARKING SERVICE, WOULD BE SUBJECT TO THE REASONABLENESS TEST IF IT REQUIRED THE CUSTOMER TO INDEMNIFY THE RESTAURANT AGAINST LOSS CAUSED TO THIRD PARTIES BY THE NEGLIGENT DRIVING OF ITS EMPLOYEE.
OF CONTRACT THAT
ARE
SCHEDULE 1 OF THE BILL LISTS THE TYPES EXCLUDED FROM CERTAIN OF THE STATUTORY CONTROLS.
DISSOLUTION
THESE INCLUDE CONTRACTS RELATING TO INSURANCE, INTERESTS IN LAND, INTELLECTUAL PROPERTY, SECURITIES, THE FORMATION OR OF COMPANIES AND THE RIGHTS AND OBLIGATIONS OF MEMBERS OF COMPANIES.
FROM THE
AS REGARDS INTERESTS IN LAND. A CONTRACT IS EXCLUDED CONTROLS ONLY "SO FAR AS IT RELATES TO THE CREATION OR TRANSFER OF INTEREST IN LAND, OR TO THE TERMINATION OF SUCH AN INTEREST",
AN
/THE CONTROLS