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If something on your bike fails due to a manufacturering or design fault and breaks something else when it fails, are you entitled to consequential losses?
Doesn't have to be a bike or course. If you put new tyres on your car and due to a manuf. fault, it blows and you crash the car, do they only have to replace the tyre or repair the car as well?
it depends
..on what was in the reasonable contemplation of the parties at the time of formation of the contract...and any disclaimers
The usual is that warranties refuse to accept concequential losses. I don't think you can walk away from causing a death but pretty much anything else is your problem.
Got my insurance claim for a full set of posh bike clothes refused as it was "consequential losses". The hospital cut them off me when I broke my back! 👿
In short you can't exlude any liability for personal injury but obtaining compensation for or proving consequential loss for anything else is unlikely to suceed.
Are consequential losses are excluded by default? I think not!
Got my insurance claim for a full set of posh bike clothes refused as it was "consequential losses". The hospital cut them off me when I broke my back!
simple, sue the hospital..
as always with English law, about as clear as mud then!