Assessing the “reasonableness” of an exclusion clause for the purposes of the Unfair Contract Terms Act 1977

A talk discussing the general principles to be applied when assessing the reasonableness of exclusion clauses and the recent clarification provided by the Court of Appeal as to: (i) the fact sensitive nature of the exercise; (ii) what “equal bargaining power” means; and (iii) the importance of other factors to be considered.

Practice area(s)

Professional Negligence and Commercial