English Law Basics · glossary
A clause that limits or shuts out a claim. Clause 9.2 is one: the seller has no liability for loss of profit. Whether it holds turns on its words and the reasonableness test, not on how serious the breach was. Conditions of Sale, clause 9.2 · Chapter 2 · see Cap, Overruled, Reasonableness test
Explained in Chapter 2, Doctrine of Precedent: Ratio Decidendi and Obiter Dicta, of English Law Basics.
Duarte’s fourth question is whether clause 9 of the Conditions protects Frescalva. Clause 9 is an exclusion clause (a clause that limits a claim). It shuts out lost profit, and caps the rest at the price of the four machines. Chapter 6 asks whether it holds. This chapter is about the case you cite for it.Read Chapter 2, Doctrine of Precedent: Ratio Decidendi and Obiter Dicta →
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