Part I
- (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 above in this subsection) the contract term satisfies the requirement of reasonableness.
Unreasonable indemnity clauses. 4.—(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.
(2) This section applies whether the liability in question―
- (a) is directly that of the person to be indemnified or is incurred by him vicariously;
- (b) is to the person dealing as consumer or to someone else.
Liability arising from sale or supply of goods
“Guarantee” of consumer goods. 5.—(1) In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage―
- (a) arises from the goods proving defective while in consumer use; and
- (b) results from the negligence of a person concerned in the manufacture or distribution of the goods,
liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.
(2) For these purposes―
- (a) goods are to be regarded as “in consumer use” when a person is using them, or has them in his possession for use, otherwise than exclusively for the purposes of a business; and
- (b) anything in writing is a guarantee if it contains or purports to contain some promise or assurance (however worded or presented) that defects will be made good by complete or partial replacement, or by repair, monetary compensation or otherwise.
(3) This section does not apply as between the parties to a contract under or in pursuance of which possession or ownership of the goods passed.
Sale and hire-purchase. 6.—(1) Liability for breach of the obligations arising from—
- (a) section 12 of the 56 & 57 Vict. c. 71.Sale of Goods Act 1893 (seller’s implied undertakings as to title, etc.);
B
