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In the post-war period...exemption clauses became a by-word for contractual abuse, and have been commonly regarded as a 'bad thing'." (Adams and Brownsword) - Discuss.
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In the post-war period...exemption clauses became a by-word for contractual abuse, and have been commonly regarded as a 'bad thing'." (Adams and Brownsword) - Discuss. Contract Law 2 Yates (1982) defined an exemption clause as, "a clause in a contract or a term in a notice which appears to exclude or restrict a liablility or a legal duty which would otherwise arise." The Law Commision (1975) adopted an even wider definition, saying they regarded the term as, "a convenient label for a number of provisions which...deprive or may deprive the person against whom they are invoked either of certain specific rights...or of rights which the promisee reasonably believed that the promisor had conferred upon him." Exemption clauses break down into three main types; exclusion clauses which exclude liability completely, limitation clauses which restrict it in some way, such as in the quantum of damages payable, and indemnity clauses, which pass the risk...
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