| Commentary

31.1 Exemption clauses

| Commentary

31: LIABILITY EXEMPTION CLAUSES

(For exemption clauses see Form 31.1 [1475] onwards.)

31.1 Exemption clauses

Most commercial agreements include provisions that seek to limit or exclude liability (together known as exemption clauses). Exemption clauses come in a variety of shapes and sizes. For example, they may seek to do the following:

  1. (a)

        exclude obligations that might otherwise be implied into the contract (for example, implied warranties of fitness for purpose under the Sale of Goods Act 1979)1;

  2. (b)

        allow a party unilaterally to vary his obligations under the contract (for example, to supply different goods or services to those that were ordered);

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