Exclusive remedies clauses
Exclusive remedies clauses
- 2002
- Scottish Construction Law Review (7) December 2002, 2-3(2) .
Presents an overview of the exclusive remedies clause in contracts such as the "Model form of conditions of contract" known as MF/1. This is a type of exclusion of liability clause which typically provides that rights, liabilities and obligations are fully expressed within the contract, and no other rights or obligations may be implied or arise under contract or by negligent act or omission. Looks at "Strachan and Henshaw Ltd v Stein Industrie (UK) Ltd and another" [CA Abs59381] where the claimant claimed the main contractor (Stein) had breached the contract by moving their facilities half a mile away. CA found that clause 44.4 effectively barred claims for damages for breach of contract and misrepresentation. Concludes parties could not possibly foresee and provide for all the various claims that might be made in connection with, or arising from, the contract.
EXCLUSIVE REMEDY CLAUSES
STRACHAN AND HENSHAW LTD V STEIN INDUSTRIE (UK) LTD AND ANOTHER
MF/1
LIABILITY CLAUSES
BREACH OF CONTRACT
Presents an overview of the exclusive remedies clause in contracts such as the "Model form of conditions of contract" known as MF/1. This is a type of exclusion of liability clause which typically provides that rights, liabilities and obligations are fully expressed within the contract, and no other rights or obligations may be implied or arise under contract or by negligent act or omission. Looks at "Strachan and Henshaw Ltd v Stein Industrie (UK) Ltd and another" [CA Abs59381] where the claimant claimed the main contractor (Stein) had breached the contract by moving their facilities half a mile away. CA found that clause 44.4 effectively barred claims for damages for breach of contract and misrepresentation. Concludes parties could not possibly foresee and provide for all the various claims that might be made in connection with, or arising from, the contract.
EXCLUSIVE REMEDY CLAUSES
STRACHAN AND HENSHAW LTD V STEIN INDUSTRIE (UK) LTD AND ANOTHER
MF/1
LIABILITY CLAUSES
BREACH OF CONTRACT