(although this, in turn, ignores the likelihood of most – if not all – potential suppliers using the same or similar terms). Provisions subjecting exemption clauses to the test of reasonableness : Effectively, all the remaining provisions in the Act, plus s 8, which inserts a new s 3 in the Misrepresentation Act 1967, impose a requirement of reasonableness. The main provisions are to be found in s 2(2), s 3 and s 7(3):

doi:10.4324/9781843141518-197

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ABSTRACT

Nourse LJ: The first question is whether, as between the plaintiffs and the defendant, the plaintiffs dealt as consumer or on the defendant’s written standard terms of business within s 3(1). In the light of s 12(1)(a) and the definition of ‘business’ in s 14, it is accepted on behalf of the plaintiffs that they did not deal as consumer. So, the question is reduced to this. Did the plaintiff ‘deal’ on the defendant’s written standard terms of business?