Section 23 | Evasion by means of secondary contract.

Any term of any contract shall be void which purports to exclude or restrict, or has the effect of excluding or restricting—

(a)the exercise, by a party to any other contract, of any right or remedy which arises in respect of that other contract in consequence of breach of duty, or of obligation, liability for which could not by virtue of the provisions of this Part of this Act be excluded or restricted by a term of that other contract;

(b)the application of the provisions of this Part of this Act in respect of that or any other contract.