Exclusion Clauses and Limitation Clauses (AQA A-Level Law): Flashcards

Terms that exclude a party from liability for breach/tort

Terms that restrict or cap the amount of liability

Exclusion removes liability; limitation only caps/restricts it

When both parties have equal bargaining power

Pre-prepared contracts with standardised terms, rarely negotiable

Must be incorporated; will be construed by courts

Must be brought to attention before or at time of contract

Unenforceable, regardless of how reasonable it is

By signature or by notice/knowledge

Bound by all terms, even if not read