Example sentences of "[not/n't] be excluded [coord] " in BNC.
Next page| No | Sentence |
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| 1 | Civil liability under the Act can not be excluded or restricted by any exemption clause . |
| 2 | The Consumer Protection Act itself provides , in sections 7 and 41(4) , that such liability can not be excluded or limited . |
| 3 | Thus , liability for death or personal injury arising from such a breach of contract can not be excluded or restricted at all ; liability for other loss or injury arising from such a breach can be excluded only in so far as the exclusion clause satisfies the requirement of reasonableness , Unfair Contract Terms Act 1977 , section 2 ( see paragraph 10–24 above ) . |
| 4 | This is unfortunate as these implied terms are a very useful weapon for the buyer and , in the case of consumer sales , the implied terms can not be excluded or modified at all . |
| 5 | For example , business liability for death and personal injury resulting from negligence can not be excluded or limited at all by section 2(1) and , in the case of other loss or damage , liability can only be excluded or restricted where the term or notice purporting to do this satisfies a test of reasonableness ; section 2(2) . |
| 6 | To complete this discussion of exclusion clauses it should be noted that , by section 7 of the Unfair Contract Terms Act 1977 , liability for defective products under Part I of the Consumer Protection Act 1987 can not be excluded or limited by any contract term . |
| 7 | Section 6(1) of the UCTA states that ( under any contract for the sale or hire purchase of goods , not merely business contracts — see s 6(4) ) liability for breach of the obligations arising from the warranties as to title and quiet possession implied under SGA 1979 , s 12 ( in relation to sale of goods ) and s 8 of the Supply of Goods ( Implied Terms ) Act 1973 ( in relation to goods disposed of on hire purchase ) can not be excluded or restricted by reference to any contract term . |
| 8 | Where the UCTA controls exclusion clauses its approach is either to state that liability for the matter in question " can not be excluded or restricted by reference to any contract term " ( imposition of a total ban ) or to state that such liability can not be so excluded or restricted unless the relevant contract term " satisfies the test of reasonableness " . |
| 9 | However , the UCTA does not state that such clauses are void , merely that the relevant liability can not be excluded or restricted by reference to them . |
| 10 | ts As stated above , ss 6(1) and 7(3A) of the UCTA provide that liability for breach of the obligations as to title and quiet possession implied by the SGA and the SGSA can not be excluded or restricted by reference to any contract term . |
| 11 | Some risks can not be excluded or transferred ; they must be covered by insurance . |
| 12 | Some types of clause are rendered wholly ineffective by the Act providing that certain types of liability " can not be excluded or restricted " . |
| 13 | Although s6(2) ( a ) of UCTA 1977 ( as amended by Sched 2 , para 19 of SGA 1979 ) provides that " As against a person dealing as consumer " obligations arising from undertakings as to compliance with description can not be excluded or restricted , the definition of " dealing as a consumer " in s12 of UCTA 1977 excludes a person who makes the contract " in the course of a business " . |
| 14 | ( 2 ) As against a person dealing as consumer , liability in respect of the goods ' correspondence with description or sample , or their quality or fitness for any particular purpose , can not be excluded or restricted by reference to any such term . |
| 15 | [ ( 3A ) Liability for breach of the obligations arising under section 2 of the Supply of Goods and Services Act 1982 ( implied terms about title , etc in certain contracts for the transfer of the property in goods ) can not be excluded or restricted by references to any such term . ] |
| 16 | The effect of s7(2) and ( 3 ) is that the other implied terms can not be excluded or restricted at all where the buyer deals as a consumer ; they can be excluded outside of consumer supply transactions so long as the supplier can show that such an exclusion is fair and reasonable . |
| 17 | Section 5(1) of UCTA 1977 states : 5- ( 1 ) In the case of goods of a type ordinarily supplied for private use or consumption , where loss or damage ( a ) arises from the goods proving defective while in consumer use ; and ( b ) results from the negligence of a person concerned in the manufacture or distribution of the goods , liability for the loss or damage can not be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods . |
| 18 | In this respect , s6 of UCTA 1977 provides that liability for breach of the obligation arising under the implied terms , can not be excluded or restricted by " reference to any contract term " . |
| 19 | By virtue of s41 of CPA 1987 , breach of a safety regulation , as distinct from the general safety requirement , is also grounds for a civil action by any person affected which can not be excluded or limited by any contract term or notice . |
| 20 | It being a consumer deal , the condition as to merchantable quality could not be excluded and the sellers were therefore liable . |