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Words: 1,100 | Submitted: Sat Mar 01 2008
... unnatural construction' Critically discuss the way this statement still reflects the way the courts incorporate and construe exclusion clauses. An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. As Lord Denning indicated before parliaments intervention with the Unfair Contract Terms Act 1977(UCTA), exclusion clauses caused problems for the courts to deal with. Denning states 'with the abuse of power-by the strong against the weak...the judges did what they could to put a curb on it1'. However after significant legislation was passed by parliament, aimed to protect 'the weak', recent case law seems to suggest that the judges decided to look for a more natural meaning to the terms of the contract. Despite this it seems that the courts still use their descretion to make sure that the outcome of each case is 'fair2' and 'reasonable3'. In most circumstances of ...
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