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The common law.
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| Submitted: Mon Jun 19 2006
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MODULE: LAW 1004 MRS JILL SPENCER MONEMVASIOTI MARIA The common law has long been familiar with the attempt of one party to a contract to insert terms excluding or limiting liabilities for breach of contract or negligence. The situation frequently arises where a document purporting to express terms of the contract is delivered to one of the parties and is not read by him1. There are two types of exemption clauses. Exclusion clauses that seek to totally exclude liability and limitation clauses, which limit a party's liability to a specified sum or for a specified period of time. To be valid an exemption clause must satisfy the tests set by the common law, the Unfair Contract Terms Act 1977 and the Unfair Terms In Consumer Contract Regulations 1999. In common law the clause must be an integral part of the contract, must cover the eventuality that has arisen and...
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