18
CAP. 71]
Control of Exemption Clauses
[1989 Ed.
Other provisions about contracts
13. Effect of breach on "reasonableness" test
(1) Where for reliance upon it a contract term has to satisfy the requirement of reasonableness, it may be found to do so and be given effect accordingly notwithstanding that the contract has been terminated either by breach or by a party electing to treat it as repudiated.
(2) Where on a breach the contract is nevertheless affirmed by a party entitled to treat as repudiated, this does not of itself exclude the requirement of reasonableness in relation to any contract term.
14. Evasion by means of secondary contract
[cf. 1977 c. 50 s. 9 U.K.]
A person is not bound by any contract term prejudicing or taking away rights of his which arise under, or in connection with the performance of, another contract, so far as those rights extend to the enforcement of another's liability which this Ordinance prevents that other from excluding or restricting.
[cf. 1977 c. 50 s. 10 U.K.]
15. Arbitration agreements
(1) As against a person dealing as consumer, an agreement to submit future differences to arbitration cannot be enforced except-
(a) with his written consent signified after the differences in question have arisen; or
(b) where he has himself had recourse to arbitration in pursuance of the agreement in respect of any differences.
(2) Subsection (1) does not affect-
(a) the enforcement of an arbitration agreement to which section 6A of the Arbitration Ordinance (Cap. 341) applies (that is, an arbitration agreement other than a "domestic arbitration agreement within the meaning of that section);
(b) the resolution of differences arising under any contract so far as it is, by virtue of Schedule 1, excluded from the operation of section 7, 8, 9 or 12.
PART III
CIRCUMSTANCES WHERE CONTROL DOES NOT APPLY
16. International supply contracts
(1) The limits imposed by this Ordinance on the extent to which a person may exclude or restrict liability by reference to a contract term do not apply to liability arising under an international supply contract.
18
CAP. 71]
Control of Exemption Clauses
[1989 Ed.
Other provisions about contracts
13. Effect of breach on "reasonableness" test
(1) Where for reliance upon it a contract term has to satisfy the requirement of reasonableness, it may be found to do so and be given effect accordingly notwithstanding that the contract has been terminated either by breach or by a party electing to treat it as repudiated.
(2) Where on a breach the contract is nevertheless affirmed by a party entitled to treat as repudiated, this does not of itself exclude the requirement of reasonableness in relation to any contract term.
14. Evasion by means of secondary contract
[cf. 1977 c. 50 s. 9 U.K.]
A person is not bound by any contract term prejudicing or taking away rights of his which arise under, or in connection with the performance of, another contract, so far as those rights extend to the enforcement of another's liability which this Ordinance prevents that other from excluding or restricting.
[cf. 1977 c. 50 s. 10 U.K.]
15. Arbitration agreements
(1) As against a person dealing as consumer, an agreement to submit future differences to arbitration cannot be enforced except-
(a) with his written consent signified after the differences in question
have arisen; or
(b) where he has himself had recourse to arbitration in pursuance of
the agreement in respect of any differences.
(2) Subsection (1) does not affect-
(a) the enforcement of an arbitration agreement to which section 6A of the Arbitration Ordinance (Cap. 341) applies (that is, an arbitration agreement other than a "domestic arbitration agreement within the meaning of that section);
(b) the resolution of differences arising under any contract so far as it is, by virtue of Schedule 1, excluded from the operation of section 7, 8, 9 or 12.
PART III
CIRCUMSTANCES WHERE CONTROL DOES NOT APPLY
16. International supply contracts
(1) The limits imposed by this Ordinance on the extent to which a person may exclude or restrict liability by reference to a contract term do not apply to liability arising under an international supply contract.
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