|
Terms and Conditions court case |
|
|
Seen in a recent Wright Hassal newsletter..
A recent High Court case will be of interest to businesses which seek to incorporate standard terms of business into their orders and other contracts; and those which use exclusion or limitation of liability clauses. In J Murphy & Sons Limited v Johnston Precast Limited, the judge held that the reference on the claimant’s order form to 'conditions overleaf' was not sufficient to incorporate these conditions into the contract. In the same case the court ruled that the defendant’s exclusion of liability clause (which required defects to be notified in writing within 7 days of discovery and no more than 28 days after delivery) was unenforceable because it was unfair and unreasonable, applying the Unfair Contract Terms Act 1977 (UCTA).
For more information on the judgement click here...
|