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词条 Price v Sports Marine Ltd
释义

  1. Background

  2. Held

  3. References

{{Multiple issues|{{Underlinked|date=September 2015}}{{Orphan|date=September 2015}}
}}{{Infobox court case
| name = Price v Sports Marine Ltd
| court = District Court of New Zealand
| date_filed =
| image = Coat of arms of New Zealand.svg
| date decided = 24 May 1996
| full name = Price v Sports Marine Ltd
| citations =
| judges = Hubble J
| prior actions =
| subsequent actions =
| opinions =
| transcripts =
| Keywords =
}}Price v Sports Marine Ltd is a cited case in New Zealand regarding liability exclusion clauses which are generally prohibited for non business transactions under section 43 of the Consumer Guarantees Act.[1]

Background

The Price's owned a 17 ft Searay boat, which they placed with Sports Marine to sell on their behalf. The Price's agreed to a non liability clause with Sport's Marine.

Whilst the boat was at Sports Marine, one of their staff damaged the boat during the test run, damage which Sports Marine argued that the non liability clause stopped them for being liable. The Prices argued that the CGA makes such clauses unenforceable regarding consumer transactions.

Held

The clause was a breach of section 32(c) of the CGA.

References

1. ^{{cite book |title=An introduction to the Law of Contract in New Zealand |edition=4th |last1=Chetwin |first1=Maree |last2=Graw |first2=Stephen |last3=Tiong |first3=Raymond |publisher=Thomson Brookers |isbn=0-86472-555-8 |year=2006 |pages=237–240}}
{{NewZealand-case-law-stub}}

1 : New Zealand contract case law

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