Law- Exclusion Clauses

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  • Topic: Contract, Discounts and allowances, Sale of Goods Act 1979
  • Pages : 1 (309 words )
  • Download(s) : 43
  • Published : March 30, 2011
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ii. What kind of liability are the clauses trying to exclude. Definition of Exclusion Clause
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. One can almost expect that in every standard contract, exclusion clauses are intentionally included to exempt the party who drew up the standard contract from certain liabilities. The clauses trying to exclude that the coupon is valid for 14 days from 1st February until 14th February only and we have to purchase 100 or more to have the $25 off or else there are no cash value, no cash back, and no rain checks, coupon not valid on prior purchases, gift cards, licenses or event tickets. Offer good on in-stock merchandise and must present coupon at time of purchase to redeem. It cannot be combined with any other offer, coupon or employee or friends and family discount. In addition, one coupon per customer, per purchase but excluding the UGG footwear, Titleist, Penn International, firearms and ammunition.

iii. How should the exclusion clauses be incorporated into the contract The sample that has given above classified to unsigned document. Therefore, the exclusion clause may be construed to be part of the contract even if it is written in an unsigned document. For unsigned documents, reasonable and sufficient notice of the existence of such as exclusion clause needs to be provided. The following conditions have to be met to satisfy this rule: i) The clause must be contained in a contractual document, not a document that merely acknowledges payment. ii) The other party has to be informed of the existence an exclusion clause before or at the time the contract is entered into. iii) Reasonably sufficient notice of the clause must be provided. Note that only reasonable and not actual notice is required.
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