2
FRIDAY, FEBRUARY 2, 1.990
OTHER
THERE CAN BE NO JUSTIFICATION IN THAT, OR ANY SITUATION FOR DENYING A PERSON A REMEDY FOR INJURIES CAUSED BY ANOTHER PERSON'S NEGLIGENCE. THE ORDINANCE, THEREFORE, PUTS AN END TO THE UNFAIRNESS CAUSED BY SUCH CLAUSES.
* SECONDLY, AN EXEMPTION CLAUSE IN A GUARANTEE OF CONSUMER
GOODS.
IN FACT TAKE
AWAY
AT PRESENT, MANY SO-CALLED "GUARANTEES" GREATER RIGHTS THAN THEY GIVE AND ARE THEREFORE TRAPS FOR CONSUMERS. THE ORDINANCE PREVENTS GUARANTEES OPERATING IN THIS WAY.
* THIRDLY, A CLAUSE
IN A CONTRACT FOR THE SALE OF GOODS EXCLUDING THE SELLER'S LIABILITY FOR SELLING GOODS WHICH DID .NOT BELONG TO HIM.
IN TAIS ALREADY
IT IS CONSIDERED UNFAIR FOR ANY BUYER TO HAVE TO BEAR THE LOSS CAUSED BY A WRONGFUL ACT OF THE SELLER AND, RESPECT, THE ORDINANCE REPLACES A PROVISION THAT EXISTS IN THE SALE OF GOODS ORDINANCE.
* FOURTHLY, A CLAUSE IN A CONSUMER CONTRACT FOR THE SALE OR SUPPLY OF GOODS EXCLUDING THE SUPPLIER'S LIABILITY IF THE GOODS ARE DEFECTIVE OR DO NOT CORRESPOND WITH THE CONTRACT DESCRIPTION.
HERE THE ORDINANCE PROTECTS ONLY PARTIES WHO ARE CONSUMERS, SINCE VERY OFTEN THEY ARE THE WEAKER OR THE LESS SOPHISTICATED PARTY IN A TRANSACTION. ALSO, WHERE A PERSON OR FIRM OBTAINS GOODS IN THE COURSE OF BUSINESS, BE SITUATIONS IN WHICH IT IS REASONABLE FOR HIM TO RISK OF THE GOODS BEING DEFECTIVE.
THERE MAY
TAKE
THE
TO
THE SALE OF GOODS ORDINANCE ALREADY CONTAINS A PROVISION THIS EFFECT IN RELATION ΤΟ SALES AND THE CONTROL OF EXEMPTION CLAUSES ORDINANCE EXTENDS THE PROTECTION TO SUPPLY CONTRACTS, FOR EXAMPLE, CONTRACTS OF HIRE AND HIRE-PURCHASE * AGREEMENTS.
SO
ON THE OTHER HAND, AN EXEMPTION CLAUSE IS EFFECTIVE ONLY IN FAR AS IT SATISFIES THE REQUIREMENT OF REASONABLENESS IF IT PURPORTS TO EXCLUDE OR RESTRICT LIABILITY:
* FIRSTLY, FOR LOSS OR DAMAGE, OTHER THAN DEATH OR PERSONAL INJURY, RESULTING FROM NEGLIGENCE. FOR EXAMPLE, 1F 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 RESPECT OF THAT LOSS WOULD BE SUBJECT ΤΟ THE REASONABLENESS TEST;
/* SECONDLY, TO