Decided 24 May 1996 End date May 24, 1996 | Judge(s) sitting Hubble J | |
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Full case name Price v Sports Marine Ltd | ||
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.
Contents
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
Price v Sports Marine Ltd Wikipedia(Text) CC BY-SA