000			01499cam a2200217 4500
001			ABS66308
008			030207n2002 000 0 eng u
035			_a(Sirsi) u121288
245			_aExclusive remedies clauses
260			_c2002
490			_aScottish Construction Law Review _v (7) December 2002, 2-3(2)
520			_aPresents 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.
590			_aABS
650			_aEXCLUSIVE REMEDY CLAUSES
650			_aSTRACHAN AND HENSHAW LTD V STEIN INDUSTRIE (UK) LTD AND ANOTHER
650			_aMF/1
650			_aLIABILITY CLAUSES
650			_aBREACH OF CONTRACT
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942			_n0
999			_c72080 _d72080