By Livsic M. S., Waksman L. L.
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52-53). Also, 'unconscionable contract terms' legislation also applies in such places, and may work to render inoperative, some or all of the liability limitation or exemption clauses in the carriage contract. 104. g. the Trade Descriptions Ordinance (Cap. ) applies only to goods and the Consumer Council Ordinance (Cap. ) creates no new rights of action for consumers suffering losses in commercial transactions. 105. By the Law Reform Commission's review of exemption clauses (above Note 12). 106.
See reference to 'Direct Selling' in the Chairman's Annual Report 1986/87, Hong Kong Association of Travel Agents (HATA). Whether an agent is entitled to deal on behalf of his principal's competitors is a question to be determined from the express and implied provisions of the particular agency agreement. In a Scottish case, the Court of Session held that where there were no clear words an agent could deal also in competing products, Lothian v J enolite Ltd. c. 111. Further the appointment of even a sole agent, does not normally prohibit the principal from selling his property through his own efforts: Bentall, Horsley & Baldry v.
84 Alternatively, the only means of obtaining compensation from the airline concerned would be to show either, that the carrier's denial of boarding did not occur 'in the exercise of its reasonable discretion'85 (emphasis added), or more generally, that this liability limitation clause either did not extend to the circumstances in question 86 or was unfair or unreasonable. , employment of nurse for an ill passenger or securing of adequate documentation, would likely amount to a breach of the travel agent's duty to its client, to provide adequate travel advice (see above), and damages should be recoverable for any reasonably foreseeable loss or injury, under the usual principles of the law of negligence.