FOO Ltd v TL [2017] NZDT 1030 (3 March 2017) [pdf, 74 KB]
...that exclusion clauses are interpreted strictly, and any ambiguity is resolved against the party who seeks to rely on the exclusion of liability. [6] FOO Limited argued that there was no agreement to pick up the goods, and that no contract was formed until FOO Limited picked up the goods each day. However, this would be a commercially unrealistic arrangement in view of the perishable nature of the goods, and FOO Limited was unable to present any evidence to prove that these were th...