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Critically examine how the law on exclusion clauses in contracts has developed and the key issues of legal policy to which the present law gives rise.
Member rating: No Rating | Words: 4500 | Submitted: Sun Nov 25 2007
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Introduction In George Mitchell (Chesterhall) Ltd v Finney Lock Seeds [1983] 1 All ER 108 Lord Denning M.R, giving his last judgement, stated "None of you nowadays will remember the trouble we had - when I was called to the Bar - with exemption clauses. They were printed in small print on the back of tickets and order forms and invoices. They were contained in catalogues or timetables. They were held to be binding on any person who took them without objection."1 Denning was refering to exemption or exclusion clauses within contracts which can be broadly defined as a clause in a contract which aims to exclude or limit one party's liability for breach of contract or negligence. Denning also went on to say "It was a bleak winter for our law of contract"2; he went on to state two cases which illustrated his point, Thompson v London Midland and Scottish...
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