Exclusion clauses
Is it worth negotiating? Clarification of “written standard terms of business” under UCTA section 3
30 June 2017 - Po-Siann Goh
In African Export-Import Bank v Shebah Exploration & Production Company, the Court of Appeal confirmed the test for when negotiation and amendment of “written standard terms of business” will preclude application of the reasonableness requirement in section 3 of the Unfair Contract Terms Act 1977 (UCTA). Section 3 of UCTA subjects certain exclusion clauses to › Read More
03 November 2016 - Julius Handler
In Scottish Power v BP Exploration, the Court of Appeal considered whether contractually agreed remedies contained in long-term North Sea gas sales agreements should be construed as excluding common law remedies. Scottish Power sought damages from the Sellers, which breached their obligation to deliver gas. At first instance, Leggatt J agreed with the Sellers that › Read More
Limiting your liability – some guidance from the Supreme Court
01 November 2016 - Richard Farnhill
Last week’s Supreme Court decision in Impact Funding Solutions v AIG Europe Insurance drew together some important threads on when and how a party can limit or exclude liability which are of general application. Principally: The contra proferentem doctrine is there to remove doubt, not create it. If the exclusion clause is clear, the doctrine has › Read More