Section 141: Evasion by means of secondary contract

(1) A person is not bound by any contract term prejudicing or taking away the person's rights arising under, or in connection with, the performance of another contract, so far as those rights extend to the enforcement of another's liability which this Act prevents that other from excluding or restricting.
(2) This Act prevents -
(a) the exclusion or restriction of any liability ;
(b) making any liability or its enforcement subject to restrictive or onerous conditions:
(c) excluding or restricting any right or remedy in respect of the liability or subjecting a person to any prejudice in consequence of the person pursuing any such right or remedy ; and
(d) excluding or restricting rules of evidence or procedure.
(3) An agreement in writing to submit present or future differences to arbitration is not to be treated under this Act as excluding or restricting any liability.