Commentary

31.2 Interpretation of exemption clauses by courts

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

31.2 Interpretation of exemption clauses by courts

| Commentary

31.2 Interpretation of exemption clauses by courts

The courts have considered exemption clauses extensively, and their effect and use has been heavily restricted by statute. Detailed consideration is outside the scope of this title; however, the following brief points can be made:

  1. (a)

        The courts tend to look much more critically at exemption clauses than they do at other types of contract clause, especially:

    1. (i)

          where the contract is between a commercial company and consumer; or

    2. (ii)

          where the clause seeks to exclude all liability even for serious breaches of contract.

  2. (b)

        The law is more indulgent towards clauses limiting

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