Commentary

160 Liability that is not possible to exclude or restrict

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

160 Liability that is not possible to exclude or restrict

| Commentary

160 Liability that is not possible to exclude or restrict

A term is not binding on a consumer to the extent it excludes or restricts1 a traders liability under the statutory provisions2, nor to the extent that:

  1. 160.1

        a right or remedy is excluded or restricted in respect of a liability under a provision listed above;

  2. 160.2

        the enforcement of such a right or remedy is made subject to a restrictive or onerous condition;

  3. 160.3

        a trader is allowed to put a person at a disadvantage as a result of pursuing a right or remedy;

  4. 160.4

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