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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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What does wilful default mean in English Law?

Customer Question

What does wilful default mean in English Law?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

It is just an exclusion term, where they say that they are only responsible if there is a wilful default

Expert:  James Mather replied 4 years ago.

we need a bit more please such as the context and the type of contract please. the full clause would assist.

it actually means intentional failure to do something or in an intentional breach of contract


we have some more detail probably we can probably clarify that unless that is enough for you.

Customer: replied 4 years ago.

What is the current law for exception clauses? If they are very reasonable and breaches implied terms of legislations what would happen?

Expert:  James Mather replied 4 years ago.

I would need to see the full clause and possibly the whole
contract but I certainly need to know the context as it is impossible to answer
in a vacuum of surrounding facts.

It is almost like asking how fast a car will a go, how much
will it cost and how many miles to the gallon will it do? Without knowing which
car you talking about