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Common law
Member rating: No Rating | Words: | Submitted: Tue Jun 20 2006
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ASSIGNMENT 2 ISSUE: Under the principles of common law is the Exclusion Clause part of the contract. LAW: A party will be bound by the terms of contract they have signed. APPLICATION: A contract may have a clause inserted into it that seeks to exclude or limit the liability of one party for breach of contract or negligence. Such a clause is known as an Exclusion Clause. If a party wishes to rely on such a clause this party must show that this clause formed part of the contract. The incorporation of this term can occur by signature, reasonable notice being given, or through the previous dealings of the parties, On 3rd August Paul signed a document headed "Transport Contract" and returned it to Lott. In L'Estrange v Graucob1 the court found that it did not matter that the signing party had not read the entire document2, as occurred with Paul here. A...
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