Does the Courts Control of Exclusion Clauses Place Too Much

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The Answer is The courts' control of exclusion clauses does indeed place a significant emphasis on the notion of bargaining power, often assuming that individuals or small commercial concerns are at a disadvantage compared to larger entities. This assumption may not always be accurate, as it wrongly assumes that smaller parties are always ignorant and incapable of negotiating a strong position, while larger concerns are always more knowledgeable and keen to exploit their position.

While it is true that in many cases, larger companies may have more resources and expertise to negotiate favorable terms, it is not always the case that smaller parties are completely powerless. There are instances where smaller parties may have unique knowledge or leverage that can be used in negotiations. Additionally, assuming that larger concerns will always seek to exploit their position overlooks the fact that many larger companies may also value long-term relationships and fair dealings with their counterparts.

Therefore, the courts should be cautious in making assumptions about bargaining power based on stereotypical notions. Instead, they should carefully consider the specific circumstances of each case and the actual bargaining power of the parties involved. This may involve looking at factors such as industry norms, the specific terms of the contract, and the actual conduct of the parties during negotiations. By doing so, the courts can ensure that their control of exclusion clauses is fair and reflective of the true dynamics of bargaining power in commercial relationships.

Does the Courts Control of Exclusion Clauses Place Too Much

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Does the Courts Control of Exclusion Clauses Place Too Much

Essay

Correct Answer:Answered by ExamLex AIShow Answer

Correct Answer:
Answered by ExamLex AI