ABSTRACT

During the last 150 years, English law has come, principally by means of developing the implied terms discussed in Chapter 8, to impose substantial obligations on the seller particularly as to the quality of the goods. A natural response of sellers is to seek to qualify these obligations by inserting into the contract terms which seek to exclude, reduce or limit liability. Over the last 50 years, English law has come to impose very considerable restrictions on the ability of the seller to do this, even where he or she can persuade the buyer to agree to a contract which contains such a clause or clauses. This chapter will be concerned with explaining the devices which have been developed for this purpose.