Editing Contracts/Exclusion clause
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
Latest revision | Your text | ||
Line 25: | Line 25: | ||
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 | As espoused in ''Darlington Future 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> The judge in ''[[R&B Customs Brokers Co Ltd v United Dominions Trust Ltd]]''<ref>[1988] 1 All ER 847</ref> refused to allow an exemption clause, of which did cover the nature of the [[implied term]], on the grounds that it did not make specific and explicit reference to that [[Contractual Term|term]].<ref>The term in question was the implied term as to fitness-to-purpose pursuant to the Sale of Goods Act 1979 s14(3).</ref> | ||
===''Contra proferentem''=== | ===''Contra proferentem''=== |