XN000022-1989-05-31 — Page 10

Daily Information Bulletin 新聞公報 All

8

WEDNESDAY, MAY 31, 1989

*

*

SECONDLY, AN EXEMPTION CLAUSE IN GOODS.

A

GUARANTEE OF CONSUMER

TAKE AWAY THEREFORE TRABS FOF GUARANTEES OPERATING IN

"AT PRESENT, MANY SO-CALLED 'GUARANTEES' IN FACT GREATER RIGHTS THAN THEY GIVE AND ARE CONSUMERS. THE BILL WILL PREVENT THIS WAY," MR MATHEWS SAID.

A

CONTRACT

FOR THE SALE OF FOR SELLING GOODS

GOODS WHICH

THIRDLY, A CLAUSE IN EXCLUDING THE SELLER'S LIABILITY DID NOT BELONG TO HIM.

BEAR THE "IT IS CONSIDERED UNFAIR FOR ANY BUYER TO HAVE TO

SELLER AND, IN LOSS CAUSED BY SUCH A WRONGFUL ACT OF THE

THAT A PROVISION THIS RESPECT, THE BILL REPLACES EXISTS IN THE SALE OF GOODS ORDINANCE," MR MATHEWS SAID.

ALREADY

THE SALE OR LIABILITY IF THE

ΤΟ CORRESPOND

THE CONTRACT

* FOURTHLY, A CLAUSE IN A CONSUMER CONTRACT FOR

SUPPLY OF GOODS EXCLUDING THE SUPPLIER'S GOODS ARE DEFECTIVE OR DO NOT DESCRIPTION.

"THE BILL HERE PROTECTS SINCE WHERE

ONLY PARTIES WHO ARE OBTAINS GOODS IN

CONSUMERS, COURSE REASONABLE

A

THE PERSON BUSINESS, THERE MAY BE SITUATIONS IN WHICH IT IS FOR HIM TO TAKE THE RISK OF THE GOODS BEING MATHEWS SAID.

OF

DEFECTIVE," MR

"THE SALE OF GOODS ORDINANCE ALREADY CONTAINS A PROVISION TO BILL EXTENDS THE THIS EFFECT IN RELATION TO SALES AND THE

CONTRACTS EXAMPLE, PROTECTION TO SUPPLY CONTRACTS, FOR HIRE AND HIRE PURCHASE AGREEMENTS.'

SAID MR MATHEWS CLAUSES FROM BEING ENFORCED AGAINST A CONSENTED TO ITS ENFORCEMENT AFTER

"

OF

+

THE BILL WOULD ALSO PREVENT ARBITRATION CONSUMER UNLESS THE CONSUMER DIFFERENCES HAD ARISEN, OR THE CONSUMER HAD RECOURSE TO ARBITRATION IN PURSUANCE OF THE AGREEMENT.

HE EXPLAINED THAT WHILE THE ADMINISTRATION

SUPPORTED THE USE WHO CONSCIOUSLY CHOSE THAT OF ARBITRATION BY PARTIES TO A CONTRACT METHOD OF DISPUTE RESOLUTION IN THE KNOWLEDGE OF ALL ITS IMPLICATIONS. IN THE CASE OF A CONSUMER CONTRACT, IT WAS POSSIBLE THAT THE CONSUMER ITS EXISTENCE OR AGREED TO AN ARBITRATION CLAUSE WIHTOUT KNOWING OF WITHOUT REALISING ITS IMPLICATIONS.

WERE EXCLUDED FROM CONTRACTS AN INTEREST

INCLUDED

THERE WERE SEVERAL TYPES OF CONTRACT THAT

OF

AND CERTAIN

THESE STATUTORY CONTROLS THE RELATING TO INSURANCE AND TO THE CREATION OR TRANSFER OF IN LAND.

WE

ALLOW

MAKE

COMPLEX. IF IT IS ENACTED, "THIS BILL IS TECHNICAL AND INTEND TO DELAY IMPLEMENTATION FOR AT LEAST 12 MONTHS, SO AS TO THE BUSINESS COMMUNITY TO CONSIDER THEIR USE OF CONTRACTS AND TO ANY NECESSARY AMENDMENTS," MR MATHEWS ADDED.

DEBATE ON THE BILL WAS ADJOURNED.

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