To decide whether a clause is an exclusion clause it is necessary to look at the effect of the clause and not its form. ‘There is no mystique about `exclusion’ or `restriction’ clauses. To decide whether a person `excludes’ liability by reference to a contract term, you look at the effect of the term. You look at its substance.’ Where the time available to sign a contract is very limited, the availability of alternate terms may not be significant to indicate reasonableness.
Judges:
Slade LJ
Citations:
[1987] 1 WLR 659, [1984] EWCA Civ 5, [1987] 2 All ER 620
Links:
Statutes:
Unfair Contract Terms Act 1977 2(2)
Jurisdiction:
England and Wales
Cited by:
Cited – National Westminster Bank v Utrecht-America Finance Company CA 10-May-2001
An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under . .
Cited – Overseas Medical Supplies Limited v Orient Transport Services Limited CA 20-May-1999
The appellant challenged a finding that it was responsible for the loss of medical equipment being transported from Tehran to the UK, and of failing to insure it as required, the contractual term exempting it from responsibility being an . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 08 June 2022; Ref: scu.185980