Duty LXD-1710
Makes high-risk automated decisions, in Hong Kong
Control of Exemption Clauses Ordinance, sections 7, 8, 10 and 11, limits on excluding liability for negligence and for defective goodssince 8 lines
Control of Exemption Clauses Ordinance (Cap. 71), ss. 7-8, 10-11 · Read the law's page
- Do not rely on a contract term or a notice to exclude or restrict your liability for death or personal injury resulting from negligence; such a term or notice has no effect (s. 7(1)).
- A term or notice that excludes or restricts your liability for other loss or damage resulting from negligence is effective only in so far as it satisfies the requirement of reasonableness, and a person's agreement to or awareness of it is not of itself voluntary acceptance of the risk (s. 7(2), (3)).
- Where the other party deals as consumer or on your written standard terms of business, a term that excludes or restricts your liability for your own breach, or that lets you perform differently from what was reasonably expected or not at all, is effective only in so far as it satisfies the requirement of reasonableness (s. 8).
- Do not use a term or notice in a guarantee of consumer goods to exclude or restrict liability for loss or damage from a defect that results from the negligence of a person concerned in the manufacture or distribution of the goods (s. 10(1)).
- Against a person dealing as consumer, you cannot exclude or restrict liability for breach of the seller's undertakings as to description, sample, quality or fitness for purpose under sections 15 to 17 of the Sale of Goods Ordinance (s. 11(2)).
- Against a business buyer, an exclusion of the sections 15 to 17 undertakings is effective only in so far as it satisfies the requirement of reasonableness (s. 11(3)).
- Sections 7 and 8 do not apply to a contract so far as it relates to the creation or transfer of a right or interest in a copyright, patent, trade mark, registered design, technical or commercial information or other intellectual property (Sch. 1, s. 1(c)).
- These limits bind only business liability, meaning liability for breach of obligations or duties arising from things done or omitted in the course of a business (s. 2(2)).