UCTA Case Study

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12. The third element relates to breaches of UCTA in cases of death or personal injury arising from negligence, or in the case of other losses and damages other than death or personal injury arising from other actions, whether the reasonableness test was satisfy. As such, it is helpful to set out the relevant sections of UCTA related to the current case. It is also noteworthy that the UCTA is originally from UK’s Unfair Contract Terms Act 1977, and re-enacted in Singapore via the Application of English Law Act (Chapter 7A). Thus, the root of many decision involving exemption clauses can be found in English case law. Further, in Press Automation Technology Pte Ltd v Trans-Link Exhibition Forwarding Pte Ltd [2003] 1 SLR 712 (“Press Automation …show more content…

Under Section 2(2) of UCTA, unless the term or notice satisfies the reasonableness test, such liability cannot be exclude or limited. 12.5 Also, Under Section 2(3) of UCTA, it states that any such notice or contract term that purports to exclude or restrict liability for negligence, despite a person’s agreement or awareness of it, it is not to be taken as indicating of his voluntary acceptance of any risk. In Kenwell & Co Pte Ltd v Southern Ocean Shipbuilding Co Pte Ltd [1999] 1 SLR 214 (“Kenwell & Co”), Warren Khoo J held that even if a party knowingly enters into a contract with a restrictive condition, he will still be able to seek the protection of the UCTA. 12.6 It is important to note that the reasonableness test needed can be found under Section 11(1) whereby the term or notice in question need to be a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made. The reasonableness test, which was covered extensively in UCTA, can be found in the 2nd Schedule of UCTA. Although the 2nd Schedule was used primarily under Section 11(3) of UCTA, case law dictates that it may also be used for the consideration of other sections under UCTA where the requirement of reasonableness is needed. It is thus helpful that we list out the relevant …show more content…

12.7 Article (a) of UCTA: the strength of the bargaining positions of the parties relative to each other, taking into account (among other things) alternative means by which the customer’s requirements could have been

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