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Exclusion clause information


Exclusion clauses and limitation clauses are terms in a contract which seek to restrict the rights of the parties to the contract.

Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses.

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Exclusion clause

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Exclusion clauses and limitation clauses are terms in a contract which seek to restrict the rights of the parties to the contract. Traditionally, the district...

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War exclusion clause

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A war exclusion clause or hostile acts exclusion is a common clause in insurance policies which excludes damage arising from a warlike act between sovereign...

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Nuclear exclusion clause

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The nuclear exclusion clause is a clause which excludes damage caused by nuclear and radiation accidents from regular insurance policies of, for example...

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Interpreting contracts in English law

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terms. When faced with harsh exclusion clauses they would often "interpret their way out" of the plain meaning of the clause through a process of strict...

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Himalaya clause

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most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusion clauses in bills of lading for the benefit of employees...

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Fundamental breach

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fundamental breach was supposed to be even worse, with the result that any exclusion clause limiting the defendant's liability would automatically become void...

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Force majeure

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law, force majeure (French: [fɔʁs maʒœʁ]; lit. 'major force') is a common clause in contracts which essentially frees both parties from liability or obligation...

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Standard form contract

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standard form contract to draft clauses that would allow them to exclude liability in what is termed an exclusion clause. The act does not per se render...

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Indemnity

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indemnification clause or cancel the [government]'s enrollments in social media applications when their operators insist on such a clause." Under US law...

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Privity of contract

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that the stevedores had provided consideration for the benefit of the exclusion clause by the discharge of goods from the ship. New Zealand has enacted the...

Word Count : 1970

Insurance

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number of exclusions, for example: Nuclear exclusion clause, excluding damage caused by nuclear and radiation accidents War exclusion clause, excluding...

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Cyber insurance

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other insurance policies, cyber insurance typically includes a war exclusion clause - explicitly excluding damage from acts of war. While the majority...

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Arbitration clause

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arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or...

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USAA

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are different from most offerings since they do not include a war-exclusion clause. Banking services can be accessed in person, by mail, by phone or through...

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Parker v South Eastern Rly Co

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Railway [1877] 2 CPD 416 is a famous English contract law case on exclusion clauses where the court held that an individual cannot escape a contractual...

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Photo Production Ltd v Securicor Transport Ltd

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contract, it invalidated the whole agreement and extinguished the exclusion clause. Lord Denning MR held that the doctrine of fundamental breach did apply...

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Liquidated damages

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or tribunal in the event of breach). The purpose of a liquidated damages clause is to increase certainty and avoid the legal costs of determining actual...

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Fourteenth Amendment to the United States Constitution

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includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship...

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Contract

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clauses may serve either a compensatory or a punitive purpose and, when aimed at the latter, may be referred to as "penalty clauses". Penalty clauses...

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Baltic Shipping Company v Dillon

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is a leading Australian contract law case, on the incorporation of exclusion clauses and damages for breach of contract or restitution for unjust enrichment...

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Olley v Marlborough Court Ltd

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Marlborough Court Hotel [1949] 1 KB 532 is an English contract law case on exclusion clauses in contract law. The case stood for the proposition that a representation...

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Anisminic Ltd v Foreign Compensation Commission

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will make its decision a nullity and that a statutory exclusion clause (known as an ouster clause) does not deprive the courts of their jurisdiction in...

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Gross negligence

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Armitage v Nurse where Millett LJ, was asked to decide whether an exclusion clause was effective to absolve a trustee from an accusation of negligence...

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Oral contract

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Third-party beneficiary Breach of contract Anticipatory repudiation Cover Exclusion clause Efficient breach Deviation Fundamental breach Remedies Specific performance3...

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Arbitration

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These will generally be normal contracts, but they contain an arbitration clause Agreements which are signed after a dispute has arisen, agreeing that the...

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McCain Foods

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"consequential losses" for which Eco-Tec sought protection under a contractual exclusion clause. "Our business brands". Retrieved August 4, 2020. "Company history"...

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