contract

Exclusion and Exemption Clauses. 166-170, 278, 281, 288, 355-356 (i) The position at Common Law. An exclusion clauses is a term of the contract which limits or excludes a liability from one party which would otherwise be subjected to. The function of an exclusion clause is to limit or exclude liability for breach of an express or implied term or even negligence in a contract. The court approach to interpreting such a clause is to interpret them narrowly. (…

…dealings. If the customer has had previous dealings with the defendant, the court will more readily infer knowledge of the exclusion clause. If the customer through his previous dealings knows about the clause then he will be bound by it. Henry Kendall & Sons v. William Lilico (168) (f) Effect of misrepresentations. If the effect or scope of exclusion clause has been misrepresented to the customers, the exclusion clause is not binding. Curtis v. Chemical Cleaning Co.