Commentary

127 ‘Reasonableness’—points to consider

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

127 ‘Reasonableness’—points to consider

| Commentary

127 ‘Reasonableness’—points to consider

As the question of reasonableness may strongly affect the effectiveness of a particular limitation or exclusion of liability clause, the contract drafter should consider the following points before including and/or drafting such a clause. The following would appear to be the broad range of factors which would be considered by a court1:

  1. 127.1

        the way in which the relevant conditions came into being and are used;

  2. 127.2

        the five guidelines as to reasonableness set out in the Unfair Contract Terms Act 1977 Schedule 22;

  3. 127.3

        the strength of the bargaining positions of the parties relative to

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