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Contract law - negligence & exemption clause.

Hi all,

I'm wandering whether there is a kind soul out there who is willing to help me with my contract law question.

NRV Ltd went to ACM Ltd with engine problems. An employee for ACM, Steve, installed a radiator without attaching a pipe correctly. As a result, the engine overheated and failed. The cost to replace is £1,800. As a result, NVR Ltd lost 11 days' jobs, amounting to £11,000 loss of profit.

However, there is an exclusion clause stating:

1. Any loss of profit in failing to exercise care and skill shall be limited to £60 per day.

2. NVR will not be liable for any damage caused from lack of quality of goods or unfitness of goods.

3. NVR shall have no liability for any loss caused by delay or for any loss or personal injury arising from negligence.

Where do I go from here? Implied terms in the contract? UCTA?

Thanks in advance for anyone willing to help.

(edited 8 years ago)

Reply 1

Dee_Pars