English Contract Law – Unfair Terms and Exemption Clauses
Unfair terms are subject to particular rules under English law. This is due to unreasonable provisions that limit an injured party's options for relief or exclude them altogether. English law aims to balance this out. As a result, unjust terms may not always be enforced or may only be enforceable to the extent that they are reasonable. Any clause in a contract that significantly imbalances the parties' rights and duties is referred to be an unfair term. Exemption provisions make up the majority of unreasonable terms. An exemption clause is a term in a contract that excludes or restricts a party's liability, for instance, by capping liability at a given dollar amount or imposing a time restriction on liability. The following conditions must be met for unfair terms to be enforceable: they must be part of the contract; they must address the claim; and they cannot be declared unenforceable by statute or common law.
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