Local train cancelled, again

zaax

Are the TOC's T&C's legal?

http://www.jebaring.co.uk/blog/consequential-losses-on-breach-of-contract/
A recent case looked at the distinction between direct and indirect losses. In this case, the buyer had bought a system which removed hydrogen sulphide from the biogas that its waste water system produced. This biogas could then be used to create electricity and heat. As well as using this for the buyer’s own purposes, it also wanted to create profit by selling this to third parties.
It turned out that the system the seller had supplied was defective, and so the buyer pursued a claim for damages. Their damages included the price of getting a new system, loss of profit from the system, the cost involved in mitigating and paying contractors and the additional money needed to purchase electricity.

The seller argued that only the cost of replacing the system was direct loss, for which it would be liable. It argued that the other losses were not recoverable as the seller had an exclusion clause in place which excluded liability for indirect/consequential loss. However, the Court decided that all the losses the buyer had experienced in this case were direct losses, as they flowed naturally from the breach by the seller. The seller could not therefore rely on its exclusion clause, which would have excluded its liability for consequential loss.