2

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 432.

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Kindly can someone expatiate the

  1. red underline?

  2. green underline?

  3. In the green underline, what do 'the parties' normative rights and obligations' mean?

Lord Templeman. Smith v Eric S. Bush (1989) 21 H.L.R. 424. p. 444.

I read these provisions as introducing a 'but for' test in relation to the notice excluding liability. They indicate that the existence of the common law duty to take reasonable care, referred to in section 1(1)(b), is to be judged by considering whether it would exist 'but for' the notice excluding liability.

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