ABSTRACT

Lord Griffiths: In my view, this construction fails to give due weight to the provisions of two further sections of the Act. Section 11(3) provides: ‘In relation to a notice (not being a notice having contractual effect), the requirement of reasonableness under this Act is that it should be fair and reasonable to allow reliance on it, having regard to all the circumstances obtaining when the liability arose or (but for the notice) would have arisen.’