Exclusion Causes Ao3 UNFINISHED CARDS Flashcards

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1
Q

Paragraph 1:

A

Define exclusion and limitation clauses with examples

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2
Q

Paragraph 1 : define exclusion and limitation clause
Point
Problem
However

A

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

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3
Q

Paragraph 2

A

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

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4
Q

Paragraph 2: common law controls including rule that any exemption clause has to be incorporated

Point
Problem
However

A

Point

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