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Report No. 199

14. Burden of proof.-

If a contract or a term thereof excludes or restricts liability as stated in clause (b) of section 9 or excludes rights, duties and liabilities referred to in section 62 of the Sale of Goods Act, 1930 (3 of 1930) as stated in section 10, it is for the person relying on such exclusion or restriction to prove that it is not without adequate justification.

Unfair (Procedural and Substantive) Terms in Contract Back

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