i need two copies on this topic - Coursework: The question has been given to you at this point in order to enable you to plan and research. Document Preview: Coursework: The question has been given to...

Running Head: LAW RELATING TO EXCLUSION CLAUSES 1
Law Relating to Exclusion Clauses
Student’s Name
Instructor’s Name
Course Title
Date
LAW RELATING TO EXCLUSION CLAUSES 2

Law Relating to Exclusion Clauses
The clause can be inserted in the contract that aims for excluding as well as limiting
any party's liability for the
each of the contract & the negligence. But, party can just trust
on such clause when (a) this is incorporated in a contract & when, (b) as the matter of
interpretation, this extends towards loss in the question. Their validity would then be tested as
per (c) Unfair Contract Terms Act 1977 as well as (d) Unfair Terms in the Consumer
Contracts Regulations of the year 1999.
A. Incorporation
Person who has been wishing to trust on exclusion clause should show that this is a
formed part of contract. The exclusion clause may be incorporated in contract through the
signature, through the notice & through the course of dealing. The exclusion clause would
just be binding when this has been the term of a contract it means this has been incorporated
in a contract. This can be incorporated in 3 ways: i.e. through signature, through notice or
through the course of dealing.
Curtis v Chemical Cleaning Co [1951] 1 KB 805
1

Plaintiff took the wedding dress so as to be cleaned through the defendants. She has
signed the piece of paper headed Receipt after it has been being told by assistant that this
exempted cleaners from the liability for the damage towards beads & sequins. Receipt
however contained the clause excluding the liability ‘for any damage what so ever arising’.
When dress had been returned this had been badly stained. This was held that cleaners might

1
http:
www.legalmax.info/members2/conbook/curtis_v.htm
http:
www.legalmax.info/members2/conbook/curtis_v.htm
LAW RELATING TO EXCLUSION CLAUSES 3

not escape for the liability for damage to material of dress through relying on exemption
clause as their scope was misrepresented through the assistant of the defendant.
B. Interpretation
Once this has been established that the exclusion clause has been incorporated, the
entire contract would be construed (i.e. interpreted) for seeing if the clause covers
each,
which has happened. General approach has been that the liability may just be excluded
through the clear words. With the other contractual term the 1
st
stage that should be over-
come is for showing that exclusion clause has incorporated in-to contract. No statement,
oral/written including exclusion clause can become term of contract until created before
contract had concluded.
Any of the statement created after conclusion of the valid contract cannot be the part
of this, cannot support by the valid consideration & cannot be enforceable.
White v John Warwick [1953] 1 WLR 1285
2

Plaintiff hired the cycle of the trade man from defendants. Written agreement
describes that ‘Nothing in the agreement should render owners to liable for the personal
injury. Whereas plaintiff had been riding the cycle, saddle tilted forward as well as he had
een injured. Defendants might are liable in the tort (for the negligence) and also in the
contract. Court of...