May 08, 2008 09:20
Ahh Miss Trouble!!! Here you are... i hope you read it one place or the other. i know it is not much of an explanation but this is how i would do it in an exam, although i might not be hitting all the right notes here because i am lazy as hell and if i am not mistaken the points for the reasonable test are in fact set out in UCTA 1977 s. 11(2) and i didn't bother to even read because NO TIME IN EXAM TO EXPLAIN HELLO!!!??? also not sure were SGA fits in here... yet. European directive is of no use in the exam... but with regards to exclusion clauses i hope this helps as a single sentence kinda thing:
s. 3 of Misrep Act 1967 amended by s. 8 UCTA 1977 renders exclusion clauses restricting either liability of the party who caused the misrep or the ability of the other party to claim damages ineffective unless considered reasonable according to s. 11(1) of UCTA.
Capice?
all the best :)
ucta 1977,
contract,
misrep act 1967