Exemption Clauses are possibly one of the areas of contract law that is to be most evident in the daily life of an ordinary citizen. Attempts by businesses, schools, and even the humble shop keep and farmer to limit their liability have seen signs in bright red ink pop up everywhere in the last thirty odd years warning people that 'no liability will be accepted', you do this 'at your own risk', you carry your bags on a train 'at owner's risk', your car isn't safe in this carpark and so on. Nothing seems clear and nobody seems liable. Even I, with my insistence on inserting an exemption clause after every podcast, am an example of this trend. This is a large and very important area of contract law, it involves real and serious issues which affect us all. However before we can consider whether an exemption clause is valid or not, we first need to establish whether the clause has been incorporated into the contract. This requires us to study the whole area of incorporation which I expound upon in this podcast.
Contents:
2) CONTENTS OF A CONTRACT
D. Exemption Clauses
(i) Clauses must be Incoporated into the Contract
- Incorporation in Contractual Documents
- By Express Reference
- By Signature
- By Reasonable Notice
- Ticket Cases
- Time at which Notice was Given
- Red Hand Rule
- By a Course of Dealing
Did you find this helpful? If so, please let me know. Did I make any mistakes? Please let me know also. This is a free resource and I could do with your help. Your opinions, comments, clarifications and corrections are welcome. Send me an email at preparingforkingsinns@gmail.com or post below. As an express term of your using this resource, I remind you that I can accept no liability for any errors, omissions or inaccuracies in this or indeed in any of the podcasts posted on this blog by me or any other contributor.
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