Defendant agreed to supply Plaintiff with a computer system for administration of tax collection, with a clause limiting Defendant’s liability for faults at £100,000 from Defendant’s standard form contract.
The defective system caused Plaintiff loss greater than this and Plaintiff sued for the full amount of damages, which CA awarded.
The limitation clause was unreasonable given that the potential and actual losses were far greater than this, and Defendant had insurance of over £50m.
He applies Lord Bridge’s dictum above and can find no reason for overturning the trial judge’s finding that the term was unreasonable.
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