Commentary

229 Liability that a trader cannot exclude or restrict

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

229 Liability that a trader cannot exclude or restrict

| Commentary

(e) Bar on excluding or restricting negligence liability

229 Liability that a trader cannot exclude or restrict

A trader cannot by a consumer term or by a consumer notice exclude or restrict liability for death or personal injury1 resulting from negligence2.

A person is not to be taken as accepting voluntarily any risk merely because that person agreed to or knew about a consumer term or consumer notice where the term or notice purportedly excluded or restricted the liability of a trader for negligence3.

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