Commentary

185 Type of liability it is possible to exclude or restrict

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

185 Type of liability it is possible to exclude or restrict

| Commentary

185 Type of liability it is possible to exclude or restrict

The list of statutory rights which cannot be excluded or restricted1 does not include the provision relating to damage caused by digital content to a device or other digital content of the consumer2. Accordingly the trader could limit its liability for damage the digital content it supplied caused to a consumer’s device or other digital content, as long as such limitations are fair (ie in accordance with Consumer Rights Act 2015 Part 2 regarding unfair terms).

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