Exclusion clauses

Exclusion clauses – it is common to see exclusion clauses in all sorts of contracts, seeking to exclude liability for all sorts of eventualities. However, having these clauses in a contract can actually be counterproductive as there are many statutes affecting contracts with consumers which override exclusion clauses and having blanket or numerous exclusion clauses can create a bad impression should any dispute go to court. In any event, courts will generally interpret exclusion clauses in a way which may favour the party who did not provide the contract. In summary, think carefully about why you may need to exclude liability, consider whether you are dealing with consumers and take good legal advice.

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