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Editing Contracts/Exclusion clause
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The [[court]]s have a tendency of requiring the party relying on the clause to have drafted it properly so that it exempts them from the liability arising, and if any ambiguity is present, the courts usually interpret it strictly against the party relying on the clause. | The [[court]]s have a tendency of requiring the party relying on the clause to have drafted it properly so that it exempts them from the liability arising, and if any ambiguity is present, the courts usually interpret it strictly against the party relying on the clause. | ||
As espoused in ''Darlington Futures Ltd v Delco Australia Pty Ltd'',<ref>(1986) 161 CLR 500</ref> the meaning of an exclusion clause is construed in its ordinary and natural meaning in the context. Although we construe the meaning much like any other ordinary clause in the [[contract]], we need to examine the clause in light of the contract as a whole. Exclusion clauses should not be subject to a strained construction in order to reduce the ambit of their operation.<ref>[1986] HCA 82 | As espoused in ''Darlington Futures Ltd v Delco Australia Pty Ltd'',<ref>(1986) 161 CLR 500</ref> the meaning of an exclusion clause is construed in its ordinary and natural meaning in the context. Although we construe the meaning much like any other ordinary clause in the [[contract]], we need to examine the clause in light of the contract as a whole. Exclusion clauses should not be subject to a strained construction in order to reduce the ambit of their operation.<ref>[1986] HCA 82</ref> | ||
===''Contra proferentem''=== | ===''Contra proferentem''=== |