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9 Unfair Contract Terms

From: The Sale of Goods (4th Edition)

M G Bridge

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 21 September 2020

Subject(s):
Contract — Exclusion or limit of liability

This chapter deals with the exclusion or limitation of duties owed by a seller to a buyer under or in connection with a contract of sale. The duties may be those imposed by the implied terms of title, description, fitness for purpose, satisfactory quality, and correspondence to sample, as well as by the contract itself in relation to matters such as the amount and time of delivery. There are also duties imposed on the seller by operation of law, principally the duty of care in negligence, where the necessary degree of proximity is brought about between seller and buyer as a result of their entry into a contract of sale. A seller's attempt to exclude or limit its liability is subject to various controls existing at common law or under statute. In reviewing clauses, these controls have to be separately applied and the dividing line between them ought not to be blurred.

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