Until the 1970s there was no statutory control upon exemption clauses.

In the present chapter we shall consider terms other than exemption clauses.

The difficulty here is that most exemption clauses are vague and ambiguous.

Exemption clauses are to be interpreted the same as any other term regardless of whether a breach has occurred.

It simply curbs the effectiveness of exemption clauses.

From this trilogy of cases the modem approach to the interpretation of exemption clauses has emerged.

The 1977 Act places severe curbs upon the effectiveness of exemption clauses of many sorts.

Exemption clauses are also controlled by statute.

There are several examples of exclusion clauses, often called exemption clauses, in this and other chapters.

The exemption clauses in particular, by which the insurer seeks to limit his liability to the haulier, can be very extensive.

Dealers may also wish to consider including appropriate and reasonable exemption clauses in their supply contracts with respect to advice-giving computer systems.

Unfortunately, however, because of exemption clauses which the Government insisted upon throughout the debates on the Bill, even this minimum reassurance is not possible.

This has enabled the court to adopt a less hostile approach to the interpretation of the wording of exemption clauses.

Under the Unfair Contract Terms Act 1977 any exemption clauses in the rules must be reasonable.

The law also recognises that unfairness may flow from inequality in bargaining power and addresses oppressive exemption clauses.

The Unfair Contract Terms Act 1977 renders many exemption clauses ineffective.

Exemption clauses can be sub-divided into exclusion clauses and limitation clauses.

It does, however, extend the scope of terms which can be rendered ineffective; especially when dealing with unfair terms that do not constitute exemption clauses.

Now let us turn to exemption clauses and the effect upon them of the provisions of the Unfair Contract Terms Act.

Weinberg v Olivier is an important case in South African contract law, especially in the area of exemption clauses.

The definition of "reasonableness" applied by the UCTA is the key to understanding its approach to exemption clauses in general.

Exemption clauses are commonly deployed by big business for planning, for protection from liabilities and to control variables that are otherwise uncontrolled.

As such, UCTA 1977 regulates the application of exemption clauses especially against consumers (see Chapter 5).

Other significant contractual terms include suppositions, modal clauses, exemption clauses and non-variation clauses.

Law Commission, Second Report on Exemption Clauses in Contracts (No 69)

The federal law in question includes a religious exemption clause.

An exemption clause may, contrary to appearances, have little or no effect.

Until the 1970s there was no statutory control upon exemption clauses.

In the present chapter we shall consider terms other than exemption clauses.

On the other hand it is not acceptable to give up the passport exemption clause which has worked for decades.

Civil liability under the Act cannot be excluded or restricted by any exemption clause.

As a defence, the Council pleaded an exemption clause printed on the back of the ticket.

But in at least one case, a mandatory policy without an exemption clause withstood a legal challenge.

The sellers tried to rely upon the exemption clause.

The difficulty here is that most exemption clauses are vague and ambiguous.

The courts, however, did not very much like this sort of result and, when interpreting an exemption clause, used to adopt a hostile approach.

(2) Whether the customer received an inducement to accept the exemption clause.

The temporary force majeure exemption clause was terminated in October 2011.

Exemption clauses are to be interpreted the same as any other term regardless of whether a breach has occurred.

This means that, even though an exemption clause on its wording apparently provides a defence, it may nevertheless be ineffective.

Unlicensed Engineers usually work as employees for a company and are governed under the industrial exemption clause.

(4) Whether the customer could have found another party who would have contracted without the exemption clause.

Here it seems hard to say that the party seeking to rely on the exemption clause is contracting on his own written standard terms.

"Preventing embarrassment is not an exemption clause."

Thus three requirements must be satisfied before a course of dealing can incorporate an exemption clause into a later contract:

It simply curbs the effectiveness of exemption clauses.

Secondly, an exemption clause may be partially effective if it is shown to be to some extent reasonable.

They may have then negotiated from these to produce a final contract in which the other party introduced the exemption clause in question through negotiation.

The legislation does not currently include an exemption clause for any class of practitioner (e.g., academics, or government employees).

First the court would sometimes place a strained or tortured meaning on the words of the exemption clause in order to deprive it of effect.