A liability limitation in a computer contract was an unfair contract term since it was a standard term, and it restricted liability when there had been no attempt to justify the amount chosen for the limit by reference, for example, to a consideration of the cost of insurance.
Citations:
Times 11-Nov-1994, (1995) 21 FSR 686
Statutes:
Unfair Contract Terms Act 1977
Jurisdiction:
England and Wales
Cited by:
Appeal from – St Albans City and District Council v International Computers Ltd CA 14-Aug-1996
The council purchased software from the defendants to calculate council taxes. Mistakes in the software undercalculated the amounts required to be recovered causing the council substantial losses. The company sought to rely upon a clause in the . .
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: 26 March 2022; Ref: scu.89465
