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Commentary

125.1 Contractual provisions which cannot be excluded or restricted at all

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

125.1 Contractual provisions which cannot be excluded or restricted at all

| Commentary

125 Contractual provisions

125.1 Contractual provisions which cannot be excluded or restricted at all

Liability for breach of the obligations arising from the following implied undertakings or terms as to title cannot be excluded or restricted by reference to any contract term:

  1. 125.1.1

        Sale of Goods Act 1979 Section 12 (seller’s implied undertakings as to title, etc)1;

  2. 125.1.2

        Supply of Goods (Implied Terms) Act 1973 Section 8 (the corresponding provision in relation to hire-purchase)2; and

  3. 125.1.3

        Supply of Goods and Services Act 1982 Section 2 (implied terms about title etc in certain contracts for the

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