The main application of UCTA is to terms 'excluding or restricting' specific types of liability. However, UCTA also counters attempts to evade its control by expanding the definition of what counts as a term which excludes or restricts liability. Which of the following terms escapes UCTA's control?
A) Terms that make claims more difficult to prove.
B) Terms allowing one party the discretion to give substantially different performance from that reasonably expected by the other contract party.
C) Terms that exclude or restrict (i) a duty of care in negligence, or (ii) the implied obligations under the Sale of Goods Act 1979.
D) None of the options given is correct.

Question

Quizplus · Accepted Answer

All the options provided fall under the scope of UCTA as they involve terms that either exclude or restrict liability or affect the performance expected under a contract.

The Main Application of UCTA Is to Terms 'Excluding or Restricting