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The tricky issue of customer reliance in choosing an IT system

  • 31 Aug 2011
  • 18:00
  • Baker & McKenzie

Anne Petterd and JY Lee of Baker & McKenzie examine constraints in enforcing supplier liability limitation and sole remedy clauses, as well as the interesting issue of customer reliance on the supplier.

The seminar will look at recent UK case law and consider the lessons that might apply in Australia, including with respect to exclusion clauses, customer reliance on supplier representations and applying the consumer guarantees in the Competition and Consumer Act 2010.

Presenters:

Anne Petterd, Special Counsel, Technology, Communications & Commercial Group at Baker & McKenzie

JY Lee, Associate, Technology, Communications & Commercial Group at Baker & McKenzie

 

Summary:

In the first part of this seminar we will examine the recent English decision of Kingsway Hall Hotel Ltd v Red Sky IT (Hounslow) Ltd.  The case was about a hotel booking system.  It provides a useful case study about constraints in enforcing supplier liability limitation and sole remedy clauses.  It also looks at the interesting issue of customer reliance on the supplier.  

 

In the second part of the seminar we will discuss what lessons the case might provide for an Australian context such as, exclusion clauses, customer reliance on supplier representations and applying the consumer guarantees in the Australian Competition and Consumer Act 2010.  


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