Exemption clauses.
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This case involves exemption clauses. An exemption clause is a term in a contract which seeks to enable one party to escape liability. Nothing is wrong with such clauses made between equals, but they are imposed on a weaker party by a stronger party. Exemption clauses are a common feature of contracts today and may take a number of different forms. The most frequently encountered types of exemption clauses are those which seek to exclude liability for breach of contract or for negligence or which seek to limit liability to a specified sum. Parliament decided to control unfair exemption clauses and now the majority of them are covered by the Unfair Contract Terms Act 1977 and supplemented by the Unfair Terms in Consumer Contracts Regulations 1999. If an exemption clause is upheld the common law insisted that everything reasonable must be done by the proponent to bring the clause to the...

