pandos
Well-Known Member
I think it was actually the insurance company that brought the case in Securior.
Companies can be consumers and can be protected by the unfair contract terms act 1977, and the unfair terms in consumer contracts regulations regulations 1999. see page 5. http://www.ashurst.com/doc.aspx?id_Content=1783
We have similar legislation here,. This might step in to prevent reliance on a contractual term that excluded liability for negligence.
In any case the yard may not be carrying the risk of damage to the boat.
Sometimes a business will make a goodwill gesture out of common decency and in the interest of their good name, even though they are under no legal obligation to do so, goodwill often goes out the backdoor when the solicitors letter comes in the letterbox.
Companies can be consumers and can be protected by the unfair contract terms act 1977, and the unfair terms in consumer contracts regulations regulations 1999. see page 5. http://www.ashurst.com/doc.aspx?id_Content=1783
We have similar legislation here,. This might step in to prevent reliance on a contractual term that excluded liability for negligence.
In any case the yard may not be carrying the risk of damage to the boat.
Sometimes a business will make a goodwill gesture out of common decency and in the interest of their good name, even though they are under no legal obligation to do so, goodwill often goes out the backdoor when the solicitors letter comes in the letterbox.