... those which limit a party's liability to a specific sum of money; and those which restrict the liability subject to certain preconditions. INCORPORATING AN EXCLUSION To be valid, an exclusion should be in included in the contract before being signed and must form an explicit part of the contract as seen L'Estrange v Graucob Ltd1. If the contract is not explicit it must be reasonably brought to the attention of the consumer before the contract is made as illustrated in Thornton v Shoe Lane Parking Ltd. 2. On insufficient notice, an exclusion clause may nevertheless be incorporated where there has been a previous consistent course of dealing between the parties on the same terms (Spurling v Bradshaw 3). It may also become part of the contract through trade usage or custom (British Crane Hire v Ipswich Plant Hire 4) where it is accepted to be a common trade agreement. The doctrine of ...

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