Essay on Exclusion Clauses Are Based On Agreements

1413 Words Apr 27th, 2015 null Page
Contracts are based on agreements which arises from offers and acceptance and in this, one party makes an offer and the other party accepts the offer. The basic purpose of a contract is to establish agreements made by the parties involved while also establishing their rights and duties according to the agreement made knowing that any breach would be dealt with accordingly. A legally binding offer in order to be valid will have to include clearly stated terms because sometimes a statement may be indefinite to consist of a valid offer. Also, an offer will include intention to do business and as a final feature the offer must be communicated to the offeree.
The stated scenarios involve an aspect of contract relating to exclusion clauses.The facts specify that property damage and personal injury has been caused as a consequence of the defendant claiming no liability for any damage or injuries arising in the premises. The clause here is that: “The University accepts no responsibility for loss arising from the use of this car park” proving the defendants in question attempt to exclude themselves from legal liability.

Exclusion clauses are unfair contact term which are terms or a term in a contract which intends to exclude one of the parties from liability or limit the party’s liability to specific listed conditions, circumstances, or situations. The general rule of unfair terms is that the term must be brought to the attention of the contracting party before or at the time…

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