10
CAP. 71]
Control of Exemption Clauses
[1989 Ed.
what extent) the language in which the term or notice is expressed is a language understood by the person as against whom another person seeks to rely upon the term or notice.
(5) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this Ordinance or the Misrepresentation Ordinance (Cap.284)) whether the term or notice satisfies the requirement of reasonableness, the court or arbitrator shall have regard in particular (but without prejudice to subsection (2) or (4)) to—
(a) the resources which he could expect to be available to him for the
purpose of meeting the liability should it arise; and
(b) how far it was open to him to cover himself by insurance.
(6) It is for the person claiming that a contract term or notice satisfies the requirement of reasonableness to prove that it does.
4.
"Dealing as consumer"
[cf. 1977 c.50 s.II U.K.]
(1) A party to a contract "deals as consumer" in relation to another party
(a) he neither makes the contract in the course of a business nor
holds himself out as doing so;
(b) the other party does make the contract in the course of a
business; and
(c) in the case of a contract governed by the law of sale of goods or by section 12, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
(2) Notwithstanding subsection (1), on a sale by auction or by competitive tender the buyer is not in any circumstances to be regarded as dealing as consumer.
(3) It is for the person claiming that a party does not deal as consumer to prove that he does not.
5.
Varieties of exemption clause
[cf. 1977 c.50 s.12 U.K.]
(1) To the extent that this Ordinance prevents the exclusion or restriction of any liability it also prevents—
(a) making the liability or its enforcement subject to restrictive or
onerous conditions;
(b) excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy;
(c) excluding or restricting rules of evidence or procedure,
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Page 11
10
CAP. 71]
Control of Exemption Clauses
[1989 Ed.
what extent) the language in which the term or notice is expressed is a language understood by the person as against whom another person seeks to rely upon the term or notice.
(5) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this Ordinance or the Misrepresentation Ordinance (Cap. 284)) whether the term or notice satisfies the requirement of reasonableness, the court or arbitrator shall have regard in particular (but without prejudice to subsection (2) or (4)) to—
(a) the resources which he could expect to be available to him for the
purpose of meeting the liability should it arise; and
(b) how far it was open to him to cover himself by insurance. (6) It is for the person claiming that a contract term or notice satisfies the requirement of reasonableness to prove that it does.
4.
if
"Dealing as consumer"
[cf. 1977 c. 50 s. II U.K.]
(1) A party to a contract "deals as consumer" in relation to another party
(a) he neither makes the contract in the course of a business nor
holds himself out as doing so;
(b) the other party does make the contract in the course of a
business; and
(c) in the case of a contract governed by the law of sale of goods or by section 12, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
(2) Notwithstanding subsection (1), on a sale by auction or by competitive tender the buyer is not in any circumstances to be regarded as dealing as consumer.
(3) It is for the person claiming that a party does not deal as consumer to prove that he does not.
5.
Varieties of exemption clause
[cf. 1977 c. 50 s. 12 U.K.]
(1) To the extent that this Ordinance prevents the exclusion or restriction of any liability it also prevents-
(a) making the liability or its enforcement subject to restrictive or
onerous conditions;
(b) excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy;
(c) excluding or restricting rules of evidence or procedure,
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