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Exclusion clauses in consumer contracts

Updated on December 15, 2014

Exclusion clauses

Exclusion clauses can be terms or notices that attempts to exclude liability for acts or omissions. If the party is aware of the term it will be deemed a fair clause. If a consumer makes it clear that they wish to make a purchase on the grounds that they will use the goods for a particular purpose that they make known to the seller then the seller can not exclude liability. This is illustrated in ...

Grant v Australian knitting mill (1936) - Where Dr Grant brought a pair of thermal pants for a specific purpose and he contracted dermatitis the seller attempted to exclude liability but failed on the grounds that they were brought for a specific purpose.

Section 14 (3) of the Sale of Goods Act (1979) is the implied term for specific purpose goods.

Exclusion clauses

Exclusion clauses
Exclusion clauses

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