Question
Barbara signs a written contract to buy goods from Steve. The contract has an exclusion clause which states: All statutory conditions, warranties and liabilities on
Barbara signs a written contract to buy goods from Steve. The contract has an exclusion clause which states: "All statutory conditions, warranties and liabilities on the part of the seller, are hereby excluded."
Which of the following statements is correct?
a)The clause is incorporated under the signing rule in common law, and is hence effective to exclude Steve's liabilities under all statutes, including the Consumer Guarantees Act 1993.
b)The clause will exclude Steve's liabilities that may arise under the Contract and Commercial Law Act 2017 and also liabilities (e.g. for negligence) that may arise under the common law.
c)The clause will exclude Steven's liabilities that may arise under the Contract and Commercial Law Act 2017, but not liabilities (e.g. for negligence) that may arise under the common law.
d)The prerequisite to Steve's right to rely on the clause is that Steve has explained the clause to Barbara before the contract is signed. If Steve has not done that, he will not be protected by the clause.
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