Subject Matter Index

Browse cases by legal subject matter and principles

Attitude of the courts to exclusion clauses

Conditions to be satisfied before exclusion clause can be effective

How an exclusion clause is construed by the court

On whom lies the evidential burden of proving the unenforceability or inapplicability of an exemption clause

Tests for the effectiveness of an exclusion clause

The effect of a limitation of liability clause

The effect of an exemption clause in the event of a fundamental breach of contract

What an exemption/exclusion clause connotes

When a party will be availed of an exclusion clause

When a party will be entitled to the protection of an exemption clause

Whether a limitation of liability clause in a contract is applicable where there is a fundamental breach of contract

Whether a party in breach can take cover under an exemption clause

Whether a party who entered into an agreement with full knowledge of an exemption clause can escape from the consequences of the exemption clause

Whether an exclusion clause is available to a party who is in fundamental breach of contract

Whether an exemption clause can avail a party that is guilty of a fundamental breach

Whether an exemption clause will apply where it was not brought to the notice of the other party

Whether or not statutory exemption clauses are enforceable and binding on parties

Access More on judy.legal

Get related cases, follow principles for updates, and access AI-powered research.

Explore judy.legal