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Will court refuse to apply exemption clauses?

Updated: 8/20/2019
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11y ago

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Exemption clauses are clauses that protect the defendant not to be held liable of an injury or loses occured as a result of of his fault by negligence or otherwise .

There are three types of exemption clauses , namely .

Total exemption clause . A clause where by no reward will awarded to a victim no matter what .

Time limitation clause which will accept an claim only up on a specific time , should such a time expired no reward will be .

The last will allow the victim to be awarded a damage of 50% out of the lost he suffered .

The court may refuse some of them because they are unreasonable , not legal etc

May refuse that they not total incorporated in the contract .

The position of the clause for example not visible by the other party .

The exemption clause must be known by both party before the signing of a contract .

Parties to contract may not rely on clauses of previous dealing , but to the present one unless they so sissified in a document .

The main aim for the court is to protect the consumers from unreasonable and harsh exemptions clauses .

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