REASONABLENESS TEST

The reasonableness test gives the court flexibility to adapt the huge exemptions of the clauses. The reasonableness test is commonly used. The House of Lords recognized the inherent subjectivity of the reasonableness test in the case of Mitchell v. Finney in 1983. The court has to consider various factors when deciding whether a clause in question is reasonable. For instance, the judges have to consider the degree of discretion to each case.  The balancing of different factors is normally in the hands of the judges. However, the appellate court is reluctant in viewing the findings of the trial judge. The exemption clauses are valid to a consumer if at all they are reasonable to the business parties.

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