LLM Legal Research in Commercial Law

Company shall perform its duties with a reasonable degree of skill , care , diligence and judgment

The important portion of clause 29 (A ) is reproduced here for the better understanding

Clause 29 (A ) stipulates that Company ‘s liability how so ever arising and notwithstanding that the cause of loss or damage to unexplained shall not exceed In the case of claims for loss or damage to goods

The value of any goods damaged or lost or

A sum at the rate of two Special Drawing Rights (SDR ) as defined by the [banner_entry_middle]

International Monetary Fund , per kilo of gross weight of any goods damaged or lost which shall be the least

In the case of all other claims

The value of the goods subject to the relevant transaction between the Company and its Customers or

A sum at the rate of two SDR ‘s per kilo of the gross weight of the goods the subject of the said transaction ,or

75 ,000 SDR ‘s in respect of any one transaction whichever shall be the least

Now let us see what the 1977 Act says about or deals with

Section 3 of the 1977 Act specifies under the caption Liability arising in Contract ‘ inter alia that

This section is relevant as between contracting parties where one of them acts on the other ‘s written customary terms of business

As against that party , the other cannot by reference to any contract of terms –

When service provider himself is in breach of contract , he can exclude or restrict any liability in respect of such breach except in so far as the contract terms satisfies the requirement of reasonableness

Section 11 expresses inter alia that

In relation to a contract term , the requirement of reasonableness for the purposes of this part of this Act . It is… [banner_entry_footer]