Exclusion Clauses

Introduction

This course explores judicial and legislative approaches to exclusion clauses. In other words, contract terms which seek to limit or exclude liability for loss and damage. This course begins by discussing when and why such exclusion clauses are used before moving on to consider the role of the judiciary in limiting the inclusion and scope of these terms in contracts. It then discusses the development of consumer protection law. This includes an analysis of current legislative provisions and recent reforms. The course then concludes with an evaluation of the balance struck between the classic idea of freedom of contract and the need for consumer protection.

Course learning outcomes

After studying this course, you should be able to:

• Discuss the purpose and common uses of exclusion clauses
• Identify whether an exclusion clause has been incorporated into a contract and what is covered by its wording
• Assess the impact of domestic and European legislation on an exclusion clause
• Analyze and evaluate the balance the law strikes between freedom of contract and consumer protection.