- Exclusion clauses in online consumer contracts (Green v Betfred)
- What are the practical implications of this case?
- Consumer contracts
- What was the background?
- What did the court decide?
- Contractual exclusion clauses
- Case details
Commercial analysis: The court allowed Mr Green’s application for summary judgment and ordered Petfre (Gibraltar) Ltd (t/a Betfred) (Betfred) to pay him his winnings of over £1.7m. The key issue in this case was whether Betfred could rely on various exclusion clauses to avoid liability and to avoid paying out Mr Green’s winnings. The judgment helpfully summarises the relevant law on the interpretation and incorporation of exclusion clauses in consumer contracts. The case is a useful example of the enforceability of exclusion clauses contained in online terms and conditions, including in click-wrap agreements, and deals with the types of issue which may prevent a trader from relying on them. Written by Nicole Bollard, barrister at 3PB Barristers.
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