PHILIPS PRODUCTS

VS
HYLAND (1987)
Presented By

MAHENDRA SINGH
PIYUSH KANT MISHRA
RISHABH SHUKLA
QAMAR KHAN
SIDDHARTH SINGH
 CONTENTS
● FACTS OF CASE
● CONCEPT OF LAW
● HOW THE CONCEPT OF LAW FOUND IN THE
CASE
● HOW BOTH PARTIES ARGUE ON THIS CASE
● DECISION ON THIS CASE
● REFERENCES
 Fact of case

● In this case the plaintiff hire an excavator and driver

from the defendant,the driver negligently drove the
excavator into the plaintiff's building causing damage.
 Concepts Of laws
● This case demonstrates the action of the unfair
contract terms ACT 1977.
● A statutory definition of the term NEGLIGENCE
which is applicable both to tort and breach of
contract cases
● Negligence means breach of any obligation,breach
of any common law duty,breach of duty of care
imposed by the occupiers liability act.
● Any clause in a contract which excludes liability for
death or personal injury resulting from negligence
shall be absolutely void
This act is that in regard to other types of loss,not
being death or physical injury,any restricting clause
shall also be void unless it satisfy the requirement of
reasonableness

This act extent the scope of the supply of goods act

1973.
 Both Parties argument
● Defendant's argument
when plaintiff sued for damages, the defendant tried
to argue that clause at issue was a duty defining clause
and not an exclusion clause at all. The defendant also
claim that the clause was reasonable and could
therefore be upheld even if it were construed as an
exclusion clause.
●Plaintiff's argument

Plaintiff argued that the exclusion clause was in

admissible under the UCTA,which states that a clause
disclaiming liability for damage resulting from
negligence must be shown to be reasonable
 Decision

The court held that the plaintiff which hired excavators

only rarely was not in a position to estimate the risk
involved in doing so,the defendant however were
operating in their main line of business and should
have been able to assess the risk accurately and take
insurance to cover it. The clause was therefore deemed
unfair and struck out.
 References
● Books
Mercantile law by Avatar Singh (eastern book
company,8th edition)
● Online resources
www.indiankanoon.com
How the concept of law found in the
case