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The common law has long been familiar with the attempt of one party in a contract to insert terms excluding or limiting liability, which would otherwise be his.
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The law governing the regulation of exemption and unfair terms in contracts is in need of reform and rationalisation if it is to be effective as an instrument of consumer protection policy. The current position leaves too much discretion to the judges, resulting in uncertainty for both "consumers and supplier". The common law has long been familiar with the attempt of one party in a contract to insert terms excluding or limiting liability, which would otherwise be his. This situation frequently arises where a document purporting to express the terms of the contract is delivered to one of the parties and is not read by him1. The terms excluding liability are called exemption clauses. By this we mean clauses, which purport to exclude or to limit liability for breach of contract2. These clauses are usually taken to be the unfair terms in contract, which can be described as a contractual term...
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