| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 165 (Jan) |
| Court: | Queen's Bench Division |
| Judge: | Judge Bowers sitting as a judge of the High Court |
| Representation | Simon Edwards (instructed by Cripps Harries Hall) for the claimant. |
| Peter Irvin (instructed by Martineau Johnson) for the defendant. | |
| Judgment Dates: | 21 January 2003 |
Catchwords
Contract - Contractual term - Exclusion clause - Exclusion of liability for consequential loss - Reasonableness - ss 3, 11.
The Case
On a trial of two preliminary issues, the court ruled: (i)that the defendant's standard business terms had become incorporated into the oral contract which formed the basis of the action through a course of business; and (ii)that a clause forming part of those standard terms which purported to exclude all liability for consequential loss was unreasonable.
Practice Areas
If you are a LexisLibrary subscriber you can read more about this case here.
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
