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Exclusion Clauses

Volume 984: debated on Monday 12 May 1980

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31.

asked the Secretary of State for Trade whether he will review the law relating to exclusion clauses in the light of the recent case of Photo Production v Securicor.

No. The effect of the Unfair Contract Terms Act 1977 and the recent House of Lords judgment is that the test of reasonableness will apply to exclusion clauses in consumer contracts and in commercial contracts on written standard terms, but that the parties to other commercial contracts will be free to make their own bargain.