Commentary

125.3 Other provisions that cannot be excluded or restricted unless reasonable—liability arising in contract

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

125.3 Other provisions that cannot be excluded or restricted unless reasonable—liability arising in contract

| Commentary

125.3 Other provisions that cannot be excluded or restricted unless reasonable—liability arising in contract

Where one contracting party is dealing on another party’s standard terms of business, the other party cannot as against the first party:

  1. 125.3.1

        exclude or restrict any liability in respect of its own breach;

  2. 125.3.2

        claim to be entitled:

    1. (a)

          to render a performance substantially different from that which is reasonably expected of it; or

    2. (b)

          to render no performance at all in respect of the whole or any part of its contractual obligations,

except in so far as the contract term satisfies the requirement of

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