Exclusion clause threatens rights

Article Abstract:

A UK 1989 case for a claim concerning faulty mechanical equipment highlights the need to examine a contract carefully and not to accept exclusion clauses. In 'Fillite (Runcorn) versus Aqualift,' the purchaser Fillite was able to claim damages from the equipment supplier, Aqualift. The case focuses on an exclusion clause in the contract as Fillite was unable to claim under the Sales of Goods Act 1979. The exclusion clause which exempted Aqualift from liability was deemed by the judge to be unreasonable under the Unfair Contracts Terms Act 1977.

Cases, Industrial equipment and supplies industry, Industrial equipment industry, Hold harmless agreements, Fillite (Runcorn), Aqualift

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Chunnel tiff raises international issues

Article Abstract:

If a dispute arises on a transnational contract and arbitration is not held in England, English courts may not grant injunctions and parties may not be able to seek interim redress. When Eurotunnel and TML went to the Court of Appeal over the cooling system dispute, the judge did not grant an injunction and refused to halt the action, favouring arbitration.

Laws, regulations and rules, Outsourcing

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