444. Exclusion clauses.

Any exclusion clause relied on by the guilty party will only afford protection if it is specifically drafted to fit the breach which has occurred; thus a clause which excludes liability for breach of condition will not protect against a breach of warranty or vice versa1. The clause normally only affords protection to the parties to the contract2.

The Standard Contractual Conditions3 restrict the remedies available for breach of contract, with the buyer only being entitled to damages if there is a material difference in the description or value of the property and only entitled to treat the contract as