Reference no: EM133398291

Questions

1. What is an exclusion clause?

2. What types of liability might a party seek to restrict or exclude? In what circumstances will an exclusion clause be validly incorporated?

3. How are exclusion clauses commonly interpreted by the courts?

4. Other than incorporation and construction, what other common law techniques have the courts been known to use to get around an exclusion clause?

5. What are the key pieces of legislation that regulate exclusion clauses in business to business and business to consumer contracts respectively? What types of liability can never be validly restricted or excluded?

6. What types of liability can be excluded only if it is fair/reasonable to do so?

7. How do the courts determine whether an exclusion clause in a business to business contract is reasonable?