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i.The UCTA “gateways”
For relief to be claimable under UCTA, one must first pass through one of the gateways.…
Under section 2(1), “[A] person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence…
Section 2(2) states that in other cases of loss or damages, “a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness”.…
The second gateway is the contract gateway. Section 3(1) stipulates that where a…
In other words, a party who drafts and imposes its own standard terms of business…
The Court of Appeal confirmed in African Export-Import Bank v Shebah Exploration & Production…
a.UCTA 1977
ii.Requirement of reasonableness