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Obligations Implied By Law In Sale And Hire Purchase Contracts

Volume 931: debated on Friday 6 May 1977

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I beg to move Amendment No. 29, in page 9, line 36, leave out excludes or restricts 'and insert:

'purports to exclude or restrict'.

With this it will be convenient to take Government Amendments Nos. 30 and 31.

These are drafting amendments intended to achieve consistency in the wording used in Part II. Clause 15, which deals with liability for breach of duty, and Clause 18, which deals with the guarantee of consumer goods, refer to a term of a contract or guarantee which

"purports to exclude or restrict liability".
In contrast, Clauses 19 and 20 simply refer to a term of a contract which "excludes or restricts" liability rather than "purporting" to do so. There is no good reason for this difference. Indeed, it is obvious that the generality of the wider expression is preferable. Accordingly, I hope that the House will accept the amendment.

Amendment agreed to.

Amendment made: No. 30, in page 10, line 5, leave out excludes or restricts 'and insert:

purports to exclude or restrict'.—[The Lord Advocate.]