Example sentences of "that [det] [art] clause " in BNC.
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1 | The Consumer Association says that such a clause in the warranty could be considered unreasonable , and does n't invalidate your statutory rights , as long as you 're an individual buyer . |
2 | It comes as a surprise , often , to realise that such a clause as you know is constrained by rules , varying in meaning as it moves from one part of the sentence to another , and being disallowed in certain contexts . |
3 | It will be a condition only if either there is an earlier case establishing that such a clause is a condition ( i.e. ‘ of the essence ’ ) or else it was clearly intended by the parties when they made the contract that any breach of that term would entitle the other party to repudiate the contract and reject the goods . |
4 | At first instance the court held that such a clause was an exclusion clause within the meaning of s 13 of the UCTA , since it clearly excluded one of the methods by which the defendant could otherwise , at law , have enforced his counterclaim , namely by set-off . |
5 | The court held that such a clause was prima facie unreasonable under s 3 , and that , as he had not discharged the burden of proof upon him to show that the clause was reasonable under the circumstances , the plaintiff could not rely on it in order to obtain summary judgment . |
6 | However , leaving aside that possibility , it can be argued that such a clause merely defines the seller 's obligation , and does not operate to " exclude " or " limit " liability because the result of the clause is that no liability arises . |
7 | He felt that such a clause would be unreasonable , since the ship was likely to break down in circumstances where return to the yard would be impracticable . |