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

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Exclusion Clauses and Limitation Clauses
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What do exclusion clauses seek to do?

Exclude liability for breach or tort

What is the key difference between exclusion and limitation clauses?

Exclusion removes; limitation caps liability

What are exclusion clauses also known as?

Exemption clauses

When can exclusion clauses operate fairly?

When both parties have equal bargaining power

What are standard form contracts?

Pre-prepared, standardised, rarely negotiable

What two key rules did courts develop for exclusion clauses?

Incorporation and construction

When must an exclusion clause be brought to the other party's attention?

Before or at the time of contract formation

What happens to exclusion clauses introduced after contract formation?

They will be unenforceable

What is the effect of signing a contract with an exclusion clause?

Bound by it, even if not read

Which factor is considered for incorporation by notice?

Prominence and visibility of the notice

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