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Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd
''Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd'' () (EWCA Civ 5 ) is an English contract law case concerning the Unfair Contract Terms Act 1977.
==Facts==
Hamstead Plant Hire hired out a JCB excavator to Phillips Products. It also hired out a driver, Mr Hyland. Condition 8 of their contract stated the driver would be deemed to be the employee of Phillips Products. The driver crashed into Phillips’ factory wall. Phillips argued that Hamstead Plant Hire should pay for the damage caused by Mr Hyland, because condition 8 was caught by UCTA 1977 section 2(2) and was unreasonable. Hamstead Plant Hire argued it was not, asserting there had been no negligence on its part that was even being excluded, because there was no ‘breach’ of obligation in section 1(1)(b). The effect of condition 8, they contended, was that no liability for the driver had ever been assumed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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