Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £9.99
... shows the long-standing conflict between the nineteenth century ideal of freedom of contract and protecting the rights of those who bargain from a position of weakness. This essay will look at how what exclusion clauses are and how they have developed since the nineteenth century. There will be an examination of common law practices and their development from the nineteenth century to the present. There will be a look at how Parliament has intervened with the Unfair Contract Terms Act (UCTA) 1977 and other statutes, seeing how they have changed the use of exclusion clauses, as well as their effect on key issues of legal policy. Finally there will be a look at criticisms of the state of current law and a look at any changes that could affect the use of exclusion clauses in the future. 1) Exclusion clauses-a definition According to P. S. Atiyah an exemption clause "...exempt a party ...