C1 PART I AMENDMENT OF LAW FOR ENGLAND AND WALES AND NORTHERN IRELAND

Annotations:
Modifications etc. (not altering text)
C1

Pt. I applied (3.1.1995): by 1973 c. 13, s. 11A (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 4(6)); by 1979 c. 54, s. 61(5A) (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 5(9)(c)); by 1982 c. 29, s. 18(3) (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 6(10))

Explanatory provisions

13 Varieties of exemption clause.

F11

To the extent that this Part of this Act prevents the exclusion or restriction of any liability it also prevents—

a

making the liability or its enforcement subject to restrictive or onerous conditions;

b

excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy;

c

excluding or restricting rules of evidence or procedure;

and (to that extent) sections 2 F1, 6 and 7 also prevent excluding or restricting liability by reference to terms and notices which exclude or restrict the relevant obligation or duty.

2

But an agreement in writing to submit present or future differences to arbitration is not to be treated under this Part of this Act as excluding or restricting any liability.