Business Law

Contents Page

Introduction 3

1. The definition of an exemption clause 4

2. Validity of the clauses incorporated into the contract 4

3. Conclusion 9

4. Bibliography 11

Introduction

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|The writer has produced this document with a view to advising Mark who has recently purchased a new house and enters into a |

|contract with Naffo Ltd to carry out some landscaping work on his gardens. |

|The contract has two clauses inserted and Mark requires advice regards their validity along with guidance on a matter of |

|negligence following an incident between Mark’s car and a dumper truck left in the middle of the driveway by the workmen. |

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1. The definition of an exemption clause.

In order to advise Mark with regards to any possible action that maybe available to him the writer first needed to define what an exemption clause actually was and whether those contained within the contract concerned where valid.

Richards (2007) implies that exemption clauses are those which seek to enable one of the parties to a contract to exclude their liability, where as Keenan et al (2007) believe them to be a...