Exclusion/Exemption Clauses and Remedies (AQA A-Level Law): Flashcards

Contractual term removing or limiting liability for breach

Unequal bargaining power between stronger and weaker parties

Judicial control (common law) and statutory control (Acts)

Ambiguity interpreted against party relying on exclusion clause

Excluding liability for death/personal injury from negligence

Simplify & strengthen consumer rights for goods/services purchase

Legal solution awarded to party suffering loss from breach

Damages - monetary compensation for loss

Court order requiring breaching party to perform obligations

Cost often outweighs value of smaller claims