Editing Contracts/Exclusion clause
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==Judicial control of exclusion clauses== | ==Judicial control of exclusion clauses== | ||
===Strict | ===Strict Literal Interpretation=== | ||
For an exclusion clause to operate, it must cover the [[breach of contract|breach]] (assuming there actually is a breach of contract). If there is, then the type of liability arising is also important. Generally, there are two varieties of [[Legal liability|liability]]: [[strict liability]] (liability arising due to a state of affairs without the party at breach necessarily being at fault) and liability for [[negligence]] (liability arising due to fault). | For an exclusion clause to operate, it must cover the [[breach of contract|breach]] (assuming there actually is a breach of contract). If there is, then the type of liability arising is also important. Generally, there are two varieties of [[Legal liability|liability]]: [[strict liability]] (liability arising due to a state of affairs without the party at breach necessarily being at fault) and liability for [[negligence]] (liability arising due to fault). | ||