Facts
- Defective computer program dispute, International Computers Limited its liability to £100,000
Issue
- Could damages be limited by a damage limitation clause, or was the clause defective as an unfair contract term within the meaning of the Unfair Contract Terms Act 1977?
Decision
- Unfair contract term present
Reasoning
- Section 3 of UCTA applied, as the limitation clause was a standard term which had not been negotiated
- ‘Goods’ are things told on tangible media, such a software sold on a disc
