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True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the clause is constructed in such a way it only includes reasonable care to perform duties on one of the parties.
The first step is to evaluate the exclusion clause in the factual context of each case to determine if it applies to the material circumstances. The second step is to evaluate if the exclusion clause was unconscionable at the time of incorporation, and the final step is to evaluate whether the exclusion clause should not be enforced on public ...
In this case, the Privy Council considered that all four aspects of the "Lord Reid test" had been met, so that the stevedores were fully protected under the damage exclusion clause. Also, it used the concept of implied agency to give effect to the exemption ( Himalaya ) clause (thus extending it from the carriers to the stevedores) using the ...
The Unfair Contract Terms Act 1977 is the first main Act, which covers some contracts that have exclusion and limitation clauses. For example, it will not extend to cover contracts which are mentioned in Schedule I, consumer contracts, and international supply contracts.
When faced with harsh exclusion clauses they would often "interpret their way out" of the plain meaning of the clause through a process of strict construction against the party relying on a clause (in Latin, contra proferentem). This would often run contrary to the common sense meaning of a contractual document, and embodied a strained approach.
Parker v South Eastern Railway [1877] 2 CPD 416 is a famous English contract law case on exclusion clauses where the court held that an individual cannot escape a contractual term by failing to read the contract but that a party wanting to rely on an exclusion clause must take reasonable steps to bring it to the attention of the customer.
Incorporation, exclusion clause Olley v Marlborough Court Hotel [1949] 1 KB 532 is an English contract law case on exclusion clauses in contract law . The case stood for the proposition that a representation made by one party cannot become a term of a contract if made after the agreement was made.
Exclusion clause, interpretation Hollier v Rambler Motors (AMC) Ltd [1971] EWCA Civ 12 is an English contract law case, concerning the incorporation of terms into a contract and the contra proferentum rule of interpretation.
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