seller's liability

Their most famous edict concerned a seller's liability for latent defects.

You should also insist on the removal of exclusion clauses limiting the seller's liability for defective goods or for losses due to negligence.

The seller's liability would be reduced for other compensation that may be available to the claimant from collateral sources such as insurance recoveries or other defendants.

Therefore the clause purporting to exclude the seller's liability for breach of the implied terms in section 14 of the Sale of Goods Act was ineffective.

It was held that a clause excluding all 'implied conditions and warranties' did not exclude the seller's liability for breach of the express condition that he would supply a 'new'car.

Secondly, section 30(5) must presumably be read subject to the provisions of the Unfair Contract Terms Act 1977 which has drastically reduced the ability of the parties to exclude or restrict the seller's liability (see paragraphs 10-14 onwards).

(Such a clause would be ineffective in a consumer contract to exclude the seller's liability to make a refund on the grounds of a breach of the implied conditions in the SGA 1979-UCTA 1977, s6.

Fourthly, it is an offence for someone in the course of a business to supply goods bearing any statement about the seller's liability in respect of description, quality or fitness for purpose unless the statement also makes it clear that the statement does not affect the statutory rights of the consumer.

Consider, for instance, the following clause: The Seller shall have no liability in respect of defects in the goods unless the Buyer gives notice of the defects within three days of delivery and the Seller's liability in respect of such defects shall in any case be limited to £100.