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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 29 November 2022 - onwards
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73S. Exclusion or limitation of liability of owner.

(1) A term of a hire-purchase agreement or of any other contract between a hirer and an owner shall not exclude or restrict the owner's liability under any of sections 73A to 73H.

(2) A term of a hire-purchase agreement or of any other contract between a hirer and an owner which purports to, or has the effect of, excluding or restricting the liability of the owner under any of the provisions specified in subsection (1) shall not be binding on the hirer.

(3) The references in subsections (1) and (2) to excluding or restricting the owner's liability include a reference to -

(a) excluding or limiting a right or remedy in respect of a liability under a provision specified in subsection (1),

(b) making such a right or remedy, or its enforcement, subject to a restrictive or onerous condition,

(c) allowing an owner to put a person at a disadvantage as a result of pursuing such a right or remedy,

(d) excluding or restricting rules of evidence or procedure, or

(e) preventing an obligation arisi

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