Explain the Attitude of the Courts Towards the Use of Exemption

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The Answer is The courts generally frown on the use of exemption clauses because they are perceived as giving the party who drafts them an advantage over the other party.This is especially so where the party who drafts the clause is the party in breach.Where the party who prepares the exemption clause is the party in breach,the courts have avoided the applicability of the exemption clause by (a)strictly construing the clause against the person in breach,(b)striking down the clause when the clause was unconscionable at time of contracting,and (c)failing to enforce the clause when there is a strong public policy reason against enforcement.

Explain the Attitude of the Courts Towards the Use of Exemption

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Explain the Attitude of the Courts Towards the Use of Exemption

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Correct Answer:VerifiedShow Answer

Correct Answer:
Verified