1964_CONTROL_OF_EXEMPTION_CLAUSES_ORDINANCE — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed
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2

CAP. 71]

Control of Exemption Clauses

[1989 Ed.

Section

CHAPTER 71

CONTROL OF EXEMPTION CLAUSES ORDINANCE

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

1.

Short title and commencement

2.

Interpretation and application

3.

The "reasonableness” test

4.

"Dealing as consumer”

5.

Varieties of exemption clause

6.

Power to amend Schedules 1 and 2

PART II

CONTROL OF EXEMPTION CLAUSES

Avoidance of liability for negligence, breach of contract, etc.

Page 6

7.

Negligence liability

8.

Liability arising in contract

9.

Unreasonable indemnity clauses.

224

Liability arising from sale or supply of goods

10.

"Guarantee" of consumer goods

11.

Seller's liability

12.

Miscellaneous contracts under which goods pass

466

Other provisions about contracts

13.

Effect of breach on "reasonableness" test

14.

Evasion by means of secondary contract

15.

Arbitration agreements

PART III

CIRCUMSTANCES WHERE CONTROL DOES NOT APPLY

16.

International supply contracts

17.

Choice of law clauses

18.

Saving for other relevant legislation

19.

Application

Page 6

8

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10

12

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12

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14

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16

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18

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2 CAP. 71] Control of Exemption Clauses [1989 Ed. Section CHAPTER 71 CONTROL OF EXEMPTION CLAUSES ORDINANCE ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title and commencement 2. Interpretation and application 3. The "reasonableness” test 4. "Dealing as consumer” 5. Varieties of exemption clause 6. Power to amend Schedules 1 and 2 PART II CONTROL OF EXEMPTION CLAUSES Avoidance of liability for negligence, breach of contract, etc. Page 6 7. Negligence liability 8. Liability arising in contract 9. Unreasonable indemnity clauses. 224 Liability arising from sale or supply of goods 10. "Guarantee" of consumer goods 11. Seller's liability 12. Miscellaneous contracts under which goods pass 466 Other provisions about contracts 13. Effect of breach on "reasonableness" test 14. Evasion by means of secondary contract 15. Arbitration agreements PART III CIRCUMSTANCES WHERE CONTROL DOES NOT APPLY 16. International supply contracts 17. Choice of law clauses 18. Saving for other relevant legislation 19. Application Page 6 8 10 10 12 12 12 14 14 16 16 18 18 18 18 20 22 22 22
Baseline (Original)
2 CAP. 71] Control of Exemption Clauses [1989 Ed. Section CHAPTER 71 CONTROL OF EXEMPTION CLAUSES ORDINANCE ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title and commencement 2. 3. 4. Interpretation and application The "reasonableness” test "Dealing as consumer” 5. Varieties of exemption clause 6. Power to amend Schedules 1 and 2 PART II CONTROL OF EXEMPTION CLAUSES Avoidance of liability for negligence, breach of contract, etc. Page 6 8 10 10 12 7. Negligence liability 12 8. Liability arising in contract 12 9. Unreasonable indemnity clauses. 14 224 Liability arising from sale or supply of goods 10. "Guarantee" of consumer goods 14 11. Seller's liability 16 12. Miscellaneous contracts under which goods pass 16 466 Other provisions about contracts 13. Effect of breach on "reasonableness" test 18 14. Evasion by means of secondary contract 18 15. Arbitration agreements 18 PART III CIRCUMSTANCES WHERE CONTROL DOES NOT APPLY 16. International supply contracts 17. Choice of law clauses 18. Saving for other relevant legislation 19. Application 18 20 22 22
2026-05-04 11:43:19 · Baseline
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2

CAP. 71]

Control of Exemption Clauses

[1989 Ed.

Section

CHAPTER 71

CONTROL OF EXEMPTION CLAUSES ORDINANCE

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

1.

Short title and commencement

2.

3.

4.

Interpretation and application

The "reasonableness” test

"Dealing as consumer”

5.

Varieties of exemption clause

6.

Power to amend Schedules 1 and 2

PART II

CONTROL OF EXEMPTION CLAUSES

Avoidance of liability for negligence, breach of contract, etc.

Page

6

8

10

10

12

7.

Negligence liability

12

8.

Liability arising in contract

12

9.

Unreasonable indemnity clauses.

14

224

Liability arising from sale or supply of goods

10.

"Guarantee" of consumer goods

14

11.

Seller's liability

16

12.

Miscellaneous contracts under which goods pass

16

466

Other provisions about contracts

13.

Effect of breach on "reasonableness" test

18

14.

Evasion by means of secondary contract

18

15.

Arbitration agreements

18

PART III

CIRCUMSTANCES WHERE CONTROL DOES NOT APPLY

16.

International supply contracts

17.

Choice of law clauses

18.

Saving for other relevant legislation

19.

Application

18

20

22

22

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