An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract.
Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales, the main statutory interventions are the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses.
Read more about Exclusion Clause: Types of Exclusion Clause, Term Must Be Incorporated, Statutory Control
Famous quotes containing the words exclusion and/or clause:
“We belong to the community. It is not the tailor alone who is the ninth part of a man; it is as much the preacher, and the merchant, and the farmer. Where is this division of labor to end? and what object does it finally serve? No doubt another may also think for me; but it is not therefore desirable that he should do so to the exclusion of my thinking for myself.”
—Henry David Thoreau (1817–1862)
“Long ago I added to the true old adage of “What is everybody’s business is nobody’s business,” another clause which, I think, more than any other principle has served to influence my actions in life. That is, What is nobody’s business is my business.”
—Clara Barton (1821–1912)