Exclusion Clause

An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract.

Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales, the main statutory interventions are the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses.

Read more about Exclusion Clause:  Types of Exclusion Clause, Term Must Be Incorporated, Statutory Control

Other articles related to "exclusion clause, exclusion clauses, clause, clauses":

Interpreting Contracts In English Law - Exclusion Clauses - Fundamental Breach
... The courts tried to control and strike down very extreme exclusion clauses, those which excluded liability for very serious breaches of contract ... The simple rule now, is that it is a matter of construction whether an exclusion clause covers a fundamental breach which occurred ... of contract could never be excluded no matter how widely the clause was drafted ...
Photo Production Ltd V Securicor Transport Ltd - Judgment - House of Lords
... of Lords overturned the Court of Appeal and held that Securicor's exclusion clause was effective and exempt it from liability for damage ... Lord Diplock held that the clause’s effectiveness was a question of construction of the contract, and that it did cover the damage ... which what would appear to be very strained constructions have been placed upon exclusion clauses’ though the need should have gone since the passage of the Unfair Contract Terms Act 1977 ...
English Contract Law - Construction - Unfair Terms
... the trouble we had - when I was called to the Bar - with exemption clauses ... little man would never read the exemption clauses or understand them ... Ltd EWCA Civ 5, QB 284, 297 The Unfair Contract Terms Act 1977 regulates clauses that exclude or limit terms implied by the common law or statute ...
Exclusion Clause - Statutory Control
... Even if terms are incorporated into the contract and so would be effective, there are various statutory controls over the types of terms that may have legal effect ... The Unfair Contract Terms Act 1977 renders many exemption clauses ineffective ...

Famous quotes containing the words clause and/or exclusion:

    Long ago I added to the true old adage of “What is everybody’s business is nobody’s business,” another clause which, I think, more than any other principle has served to influence my actions in life. That is, What is nobody’s business is my business.
    Clara Barton (1821–1912)

    All men, in the abstract, are just and good; what hinders them, in the particular, is, the momentary predominance of the finite and individual over the general truth. The condition of our incarnation in a private self, seems to be, a perpetual tendency to prefer the private law, to obey the private impulse, to the exclusion of the law of the universal being.
    Ralph Waldo Emerson (1803–1882)