||All England Reporter
|| All ER (D) 165 (Jan)
||Queen's Bench Division
Judge Bowers sitting as a judge of the High Court
||Simon Edwards (instructed by Cripps Harries Hall) for the claimant.
||Peter Irvin (instructed by Martineau Johnson) for the defendant.
||21 January 2003
Contract - Contractual term - Exclusion clause - Exclusion of liability for consequential loss - Reasonableness - ss 3, 11.
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.
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