ANSWER Introduction An exclusion or exemption clause is a term in a contract that purports to exempt or limit the liability of a party to the contract or to restrict the rights of a party to the contract. They may be incorporated in standard form contracts or in standard terms and conditions, they may be printed on tickets or displayed on notices.
Exclusion Clauses Essay Essay Title: Exclusion Clauses Polish Ltd.
Polish Ltd was employed to clean Bling Jewellers Ltd, a business. The parties had done business once or twice before over a number of years. On each occasion when they had done business before, the parties had signed a comprehensive contract that included standard terms and conditions.
This time however, Polish Ltd was taken on at very Exclusion clause essay notice and Bling Jewellers had signed Polish's form that simply stated "business done subject to standard terms and conditions.
Unfortunately, Polish Ltd spilt soapy water over a display cabinet. The cleaner did not notice that some of the water had run into the display case, and had damaged some of Bling's expensive jewellery.
The chemicals also burned the hand of Bling's boss, when he tried to clean it up. As a result, the boss had to take a week off work. Bling Jewellers immediately claimed the full value of the loss from Polish.
But Polish Ltd pointed to their standard terms and conditions: Bling is pressing for compensation from Polish Ltd, as they had not had a copy of terms and conditions with the current Exclusion clause essay, although they had received a copy with their earlier contracts.
Consider whether this exclusion clause is likely to be valid in law. Give reasons for your answer making reference to the Unfair Contract Terms Act and case law where applicable.
Essay Answer on Exclusion Clauses This question concerns that aspect of contract law relating to exclusion clauses. The facts specify that property damage and personal injury has been caused as a consequence of the apparently negligent action of an employee of Polish Ltd.
The claim made by Bling Jewellers is resisted by Polish Ltd, who seek to rely on the exclusion clause incorporated in their standard terms and conditions of business.
The clause in question stipulates that: It is submitted that this purported attempt to exclude legal liability is highly vulnerable to challenge at law. Exclusion clauses are in some circumstances permissible but the law takes a restrictive line on their incorporation in and implementation over contracts.
Even clauses which are deemed to be incorporated and reasonable enough between the parties to survive, they will still be construed contra proferentem, which means that any doubt will be interpreted in the interests of the party against whom the clause is being enforced: Some issues can be quickly dealt with.
This statutory prohibition is carried in sections 2 and 5 of the Act. Furthermore, the Act applies to business activity such as that at issue in this scenario. It is not necessary to consider whether the clause has been incorporated into the contract in this context, because even if it has it will be rendered unenforceable by the courts.
It is thus submitted that compensation can be recovered from Polish Ltd for that loss. The question of incorporation is however relevant in the context of the property damage excluded. In this case the facts specify that the parties had done business once or twice before over a number of years, and that on each occasion when they had done business before, the parties had signed a comprehensive contract that included standard terms and conditions.
However, at the time in question the plaintiff was not required to sign such a form when leaving his car for repair. The defendants sought to rely on the exclusion clause, citing the history of past dealings, but the Court of Appeal held that the clause was ineffective and the plaintiff succeeded in pressing his claim.An exclusion clause is a term in a contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation - Law of Contract - Exclusion Clauses Essay introduction.
Exclusion clauses are controlled by common law and statute. Related Documents: exclusion clauses Essay examples Independent Clauses Essay Dependent Clauses Independent or main clause has a subject and a verb and it expresses a complete thought.
In this essay, exclusion clauses can be defined as a clause included in a contract to either limit or exclude liability of a party in breach of the agreement.
(also termed exemption clauses or exemption clauses.). Basically, exclusion clause is a clause that used to escape contractual liability by relying on a clause or term that excludes liability in certain cases, which is expressly written in a .
Exclusion clauses are generally found in contracts`.
These types of clauses operate to exclude or restrict the rights of a party. For example, when a party to a contract wishes to limit their liability in the event that they breach the contract they will usually include an exclusion clause, limiting. This essay has been submitted by a law student.
This is not an example of the work written by our professional essay writers. Scenario presents an exclusion clause.