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Unreasonable Indemnity Clauses In Consumer Contracts

Volume 931: debated on Friday 6 May 1977

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I beg to move Amendment No. 27, in page 9, line 12, leave out for breach of duty'.

This is a drafting amendment. Clause 17(2) defines what is meant by "liability" for the purposes of that clause as being
"liability for breach of duty".
However, if hon. Members look at subsection (1) they will see that it refers to liability incurred either as a result of breach of duty or breach of contract. Therefore, the definition of "liability" in subsection (2) should not have been limited to liability for breach of duty.

The amendment therefore deletes the reference to breach of duty in subsection (2), which will then have the effect of providing that the expression "liability" means liability as outlined in subsection (1). I hope that the amendment will be approved.

Amendment agreed to