Example sentences of "reference to [adj] contract " in BNC.

  Next page
No Sentence
1 A person can not by reference to any contract terms or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence .
2 A person can not by reference to any contract terms or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence .
3 Section 6(1) of the UCTA states that ( under any contract for the sale or hire purchase of goods , not merely business contracts — see s 6(4) ) liability for breach of the obligations arising from the warranties as to title and quiet possession implied under SGA 1979 , s 12 ( in relation to sale of goods ) and s 8 of the Supply of Goods ( Implied Terms ) Act 1973 ( in relation to goods disposed of on hire purchase ) can not be excluded or restricted by reference to any contract term .
4 Where the UCTA controls exclusion clauses its approach is either to state that liability for the matter in question " can not be excluded or restricted by reference to any contract term " ( imposition of a total ban ) or to state that such liability can not be so excluded or restricted unless the relevant contract term " satisfies the test of reasonableness " .
5 ts As stated above , ss 6(1) and 7(3A) of the UCTA provide that liability for breach of the obligations as to title and quiet possession implied by the SGA and the SGSA can not be excluded or restricted by reference to any contract term .
6 Where one party enters into a contract as a consumer , or on the other contracting party 's written standard terms of business , so that s3 applies , the Act provides ( in s3(2) ) that " the other " ( ie the non-consumer , or the party on whose written standard terms the contract is made ) can not by reference to any contract term — ( a ) when himself in breach of contract , exclude or restrict any liability of his in respect of such breach ; or ( b ) claim to be entitled — ( i ) to render a contractual performance substantially different from that which was reasonably expected of him , or ( ii ) in respect of the whole or any part of his contractual obligation , to render no performance at all , except in so far as … the contract term satisfies the requirement of reasonableness .
7 Section 3(2) provides that a person dealing with a consumer , or contracting on his/her own written standard terms : can not by reference to any contract term — ( a ) when himself in breach of contract , exclude or restrict any liability of his in respect of the breach ; or ( b ) claim to be entitled — ( i ) to render a contractual performance substantially different from that which was reasonably expected of him , or ( ii ) in respect of the whole or any part of his contractual obligation , to render no performance at all , except in so far as … the contract term satisfies the requirement of reasonableness .
8 Section 5(1) of UCTA 1977 states : 5- ( 1 ) In the case of goods of a type ordinarily supplied for private use or consumption , where loss or damage ( a ) arises from the goods proving defective while in consumer use ; and ( b ) results from the negligence of a person concerned in the manufacture or distribution of the goods , liability for the loss or damage can not be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods .
9 In this respect , s6 of UCTA 1977 provides that liability for breach of the obligation arising under the implied terms , can not be excluded or restricted by " reference to any contract term " .
  Next page