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COMPANY LAW Exclusion Clause Cases
COMPANY LAW Exclusion Clause Cases
2: Previous Course of
dealing
4: Spectrum of the
clause
3:
Signatures
6: Negligence liability (s 2)
Section 2(1) says that in relation to personal injuries caused by negligence
there can be no exclusion of liability.
2(2) says that an exclusion clause will only be liable insofar as it satisfies
the requirement of reasonableness.
This is set out in s 11, and states that a clause must be a fair and
reasonable one to have been included in the contract. The test relates to
the time the contract was made, not the time when it was broken