Another nail in the coffin of the Unfair Contract Terms Act
Language: English Series: Contract Journal ; 363(5872) 7 May 1992, 10(1)Publication details: 1992Subject(s): Summary: The case "Barnard Pipelines Technology Ltd v Marston Construction Co Ltd" (1992 CILL 73) has shown again the difficulty of striking down a clause as unreasonable in a construction dispute. After defects had appeared in piping supplied by B, M withheld payment in part, counterclaiming £45,000 for damages in response to an action by P to secure its money. M`s assertion that the conditions of sale were onerous, and, therefore, both unacceptable and unaccepted, was dismissed by the court, the conditions being held to be reasonable.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS46326 (Browse shelf(Opens below)) | 1 | Available | 57817-1001 |
The case "Barnard Pipelines Technology Ltd v Marston Construction Co Ltd" (1992 CILL 73) has shown again the difficulty of striking down a clause as unreasonable in a construction dispute. After defects had appeared in piping supplied by B, M withheld payment in part, counterclaiming £45,000 for damages in response to an action by P to secure its money. M`s assertion that the conditions of sale were onerous, and, therefore, both unacceptable and unaccepted, was dismissed by the court, the conditions being held to be reasonable.