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Words: | Submitted: Mon Jun 19 2006
... him from them. The courts (Court of Appeal) does not like exclusion clauses because they go against the basis of a contract because there should be an assumption of rights and duties on both sides. There are three things that must be proved in a clause. These include:- 1. A term of Contract 2. It covered damages 3. There is no reason why it should lead to jail. The interpretation of exemption clauses is usually done through the use of the following four (4) rules:- 1.Contra Proferentem- The general approach which the courts have adopted to the interpretation of exemption clauses is a restrictive one, under which the exemption clause is interpreted strictly against the party seeking to rely on it. This rule is called the 'contra proferentem' rule. 2.Negligence- If a party wishes to exclude liability for negligence in his contract, he must use clear and unambiguous language. 3.Particular Duties- If a clause exempts a party from complying ...
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