12
CAP. 71]
Control of Exemption Clauses
[1989 Ed.
and (to that extent) sections 7, 10, 11 and 12 also prevent excluding or restricting liability by reference to terms and notices which exclude or restrict the relevant obligation or duty.
(2) An agreement in writing to submit present or future differences to arbitration is not to be treated under this Ordinance as excluding or restricting any liability.
[cf. 1977 c. 50 s. 13 U.K.]
6.
Power to amend Schedules 1 and 2
The Legislative Council may by resolution amend Schedules 1 and 2.
PART II
CONTROL OF EXEMPTION CLAUSES
Avoidance of liability for negligence, breach of contract, etc.
7. Negligence liability
(1) A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.
(2) In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.
(3) Where a contract term or notice purports to exclude or restrict liability for negligence a person's agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.
[cf. 1977 c. 50 s. 2 U.K.]
8. Liability arising in contract
(1) This section applies as between contracting parties where one of them deals as consumer or on the other's written standard terms of business.
(2) As against that party, the other cannot by reference to any contract term-
(a) when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or
(b) claim to be entitled-
(i) to render a contractual performance substantially different from that which was reasonably expected of him; or
12
CAP. 71]
Control of Exemption Clauses
[1989 Ed.
and (to that extent) sections 7, 10, 11 and 12 also prevent excluding or restricting liability by reference to terms and notices which exclude or restrict the relevant obligation or duty.
(2) An agreement in writing to submit present or future differences to arbitration is not to be treated under this Ordinance as excluding or restricting any liability.
[cf. 1977 c. 50 s. 13 U.K.]
6.
Power to amend Schedules 1 and 2
The Legislative Council may by resolution amend Schedules 1 and 2.
PART II
CONTROL OF EXEMPTION CLAUSES
Avoidance of liability for negligence, breach of contract, etc.
7. Negligence liability
(1) A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.
(2) In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness.
(3) Where a contract term or notice purports to exclude or restrict liability for negligence a person's agreement to or awareness of it is not of itself to be taken as indicating his voluntary acceptance of any risk.
[cf. 1977 c. 50 s. 2 U.K.]
8. Liability arising in contract
(1) This section applies as between contracting parties where one of them deals as consumer or on the other's written standard terms of business.
term-
(2) As against that party, the other cannot by reference to any contract
(a) when himself in breach of contract, exclude or restrict any
liability of his in respect of the breach; or
(b) claim to be entitled-
(i) to render a contractual performance substantially different
from that which was reasonably expected of him; or
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