Exclusion Causes Ao3 UNFINISHED CARDS Flashcards
Paragraph 1:
Define exclusion and limitation clauses with examples
Paragraph 1 : define exclusion and limitation clause
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Problem
However
Point - party can include such a Claire’s in a contract to protect themselves from liability
Problem - inequality of bargaining power, can be unfair on the weaker party as denies them right to take legal action
However - both common law and statutory controls over such clauses to protect weaker parties
Paragraph 2
There are common law controls including the rule that any exemption clause has to be incorporated in order to be effective - give examples of cases on this
Paragraph 2: common law controls including rule that any exemption clause has to be incorporated
Point
Problem
However
Point