3
FRIDAY, FEBRUARY 2, 1990
* SECONDLY, TO A PERSON DEALING AS
OR
CONSUMER, USING HIS OWN WRITTEN STANDARD TERMS OF RESPECT OF BREACH OF CONTRACT. FOR EXAMPLE, IF BOOKS A CAR FOR HER WEDDING DAY AND THE CAR FAILS OR (II) A SUPPLIER OF OFFICE TERMS OF BUSINESS)
EQUIPMENT
OF A PARTY BUSINESS, IN (I) A WOMAN ΤΟ ARRIVE (WHO USES STANDARD FAILS ΤΟ DELIVER EQUIPMENT FOR, AN EXEMPTION CLAUSE PURPORTING TO
CONTRACTED LIMIT THE FOR A BREACH OF
LIABILITY CONTRACT WOULD BE REASONABLENESS TEST;
SUBJECT TO THE
IN
* THIRDLY, TO A PERSON DEALING OTHERWISE THAN AS
RESPECT OF THE IMPLIED UNDERTAKINGS
CONSUMER, AS ΤΟ GOODS SOLD, OR AS TO
THE QUALITY OF THE TITLE TO, OTHERWISE SUPPLIED. FOR EXAMPLE, IF A PERSON
OR QUALITY OF GOODS BUSINESS A PHOTOCOPYING MACHINE AND, ON ARRIVAL, THE
HIRES FOR HIS DOES NOT WORK, A CLAUSE PURPORTING TO EXCLUDE ANY DEFECTS WOULD BE SUBJECT TO THE REASONABLENESS TEST.
THE REQUIREMENT OF REASONABLENESS ALSO APPLIES:
OF
MACHINE LIABILITY FOR
THE
AND
THE
ANY
CONSUMER, OR ON
BUSINESS, NOT TO PERFORM
CONTRACT IN FROM THAT WHICH WAS A PERSON BOOKS SHIP, GOING ON A
* FIRSTLY, WHERE ONE PARTY DEALS AS A OTHER PARTY'S WRITTEN STANDARD TERMS OTHER PARTY CLAIMS TO BE ENTITLED OBLIGATION UNDER THE CONTRACT OR TO PERFORM THE A WAY THAT IS SUBSTANTIALLY DIFFERENT REASONABLY EXPECTED OF HIM. FOR EXAMPLE, IF WITH A TRAVEL AGENT A CRUISE ON A NAMED FIXED ROUTE, A CLAUSE IN THE CONTRACT MIGHT THE REASONABLENESS TEST IF IT PURPORTED TO ALLOW AGENT TO CANCEL THE BOOKING OR TO SUBSTITUTE ANOTHER SHIP ROUTE; AND
BE SUBJECT TO THE TRAVEL
OR
PERSON RESPECT OP
* SECONDLY, WHERE A CONTRACT TERM PURPORTS TO REQUIRE A DEALING AS A CONSUMER TO INDEMNIFY ANOTHER PERSON IN OF THAT OTHER PERSON'S LIABILITY FOR NEGLIGENCE OR BREACH CONTRACT. FOR EXAMPLE, WHERE A RESTAURANT PARKING
SERVICE,
OFFERS A VALET SUBJECT TO THE CUSTOMER TO CAUSED TO THIRD
REASONABLENESS
INDEMNIFY
A CLAUSE WOULD BE TEST IF IT REQUIRED THE THE RESTAURANT
AGAINST LOSS
PARTIES BY THE NEGLIGENT DRIVING OF ITS EMPLOYEE.
COURT
"THE ORDINANCE ENABLES THE EFFECTIVENESS OF SUCH A CLAUSE IN A FLEXIBLE MANNER,
TO DETERMINE THE
" MR CHEUNG SAID.
"IN APPLYING THE TEST OF REASONABLENESS, REQUIRED TO HAVE REGARD TO A
THE COURTS ARE WIDE RANGE OF PARTICULAR, TO THE LANGUAGE IN WHICH THE TERM OR NOTICE WAS EXPRESSED. CIRCUMSTANCES AND, IN
"IN CASES RELATING TO THE SALE OR SUPPLY OF GOODS, ARE DIRECTED TO HAVE REGARD TO THE FACTORS LISTED IN THE THE ORDINANCE."
THE COURTS SCHEDULE TO
/4