Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B in Canadian contract law6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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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 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.
Exclusionclauses and limitation clauses are terms in a contract which seek to restrict the rights of the parties to the contract. Traditionally, the district...
A war exclusionclause or hostile acts exclusion is a common clause in insurance policies which excludes damage arising from a warlike act between sovereign...
The nuclear exclusionclause is a clause which excludes damage caused by nuclear and radiation accidents from regular insurance policies of, for example...
terms. When faced with harsh exclusionclauses they would often "interpret their way out" of the plain meaning of the clause through a process of strict...
most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusionclauses in bills of lading for the benefit of employees...
fundamental breach was supposed to be even worse, with the result that any exclusionclause limiting the defendant's liability would automatically become void...
law, force majeure (French: [fɔʁs maʒœʁ]; lit. 'major force') is a common clause in contracts which essentially frees both parties from liability or obligation...
standard form contract to draft clauses that would allow them to exclude liability in what is termed an exclusionclause. The act does not per se render...
indemnification clause or cancel the [government]'s enrollments in social media applications when their operators insist on such a clause." Under US law...
that the stevedores had provided consideration for the benefit of the exclusionclause by the discharge of goods from the ship. New Zealand has enacted the...
number of exclusions, for example: Nuclear exclusionclause, excluding damage caused by nuclear and radiation accidents War exclusionclause, excluding...
other insurance policies, cyber insurance typically includes a war exclusionclause - explicitly excluding damage from acts of war. While the majority...
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...
are different from most offerings since they do not include a war-exclusionclause. Banking services can be accessed in person, by mail, by phone or through...
Railway [1877] 2 CPD 416 is a famous English contract law case on exclusionclauses where the court held that an individual cannot escape a contractual...
contract, it invalidated the whole agreement and extinguished the exclusionclause. Lord Denning MR held that the doctrine of fundamental breach did apply...
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...
includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship...
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...
is a leading Australian contract law case, on the incorporation of exclusionclauses and damages for breach of contract or restitution for unjust enrichment...
Marlborough Court Hotel [1949] 1 KB 532 is an English contract law case on exclusionclauses in contract law. The case stood for the proposition that a representation...
will make its decision a nullity and that a statutory exclusionclause (known as an ouster clause) does not deprive the courts of their jurisdiction in...
Armitage v Nurse where Millett LJ, was asked to decide whether an exclusionclause was effective to absolve a trustee from an accusation of negligence...
These will generally be normal contracts, but they contain an arbitration clause Agreements which are signed after a dispute has arisen, agreeing that the...
"consequential losses" for which Eco-Tec sought protection under a contractual exclusionclause. "Our business brands". Retrieved August 4, 2020. "Company history"...