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In force2020 Revised Edition

Part 1

3. Liability arising in contract

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In plain English

This section applies where a party deals as a consumer or on the other's written standard terms. The other party cannot use a term to avoid or limit liability for its breach. Nor can it use a term to justify performing much differently than reasonably expected, or not at all. A term that meets the reasonableness requirement is the exception.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

This section applies as between contracting parties where one of them deals as consumer or on the other’s written standard terms of business.

(2)

As against that party, the other cannot by reference to any contract term —

(a)

when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or

(b)

claim to be entitled —

(i)

to render a contractual performance substantially different from that which was reasonably expected of him; or

(ii)

in respect of the whole or any part of his contractual obligation, to render no performance at all,except in so far as (in any of the cases mentioned in this subsection) the contract term satisfies the requirement of reasonableness.

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