Exemption Clause in UK Law
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Breach Of Trust And The Defences Available
... ... THE DEFENCES AVAILABLE ... EXEMPTION CLAUSE ... A trustee who has committed a breach of trust could be ... ...
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Exemption and non-reliance clauses
Richard Hooley spoke to us this lunchtime about exemption clauses. He began by quoting from Andrew Burrows’ A Restatement of the English Law of Contract (which has recently been updated) and its ex...... ... Paraphrased it says: ... Ask what the clause, “viewed in the light of the whole contract, would mean to a reasonable person having all the relevant background knowledge reasonably available to ... ...
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The Importance Of Making Your Contract Watertight
... ... dispute resolution clause (ADR) will establish that before ... an attempt to litigate through the ... an exemption clause, which limits the potential ... for legal action in the situations ... ...
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Exclusion me, is that a wilful breach in our airspace?
Exclusion clauses are to be construed by reference to the normal rules of contractual interpretation even in cases of alleged deliberate, fundamental or wilful breach: Mott Macdonald v Trant Engine...... ... Broadcasting Corp v MAR that there was a presumption against exemption clauses being interpreted to cover deliberate, repudiatory breaches, and hat very clear words were needed for an exemption clause having this effect ... Instead, the correct approach was that adopted in ... ...
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Projects & Construction Law Update - July 2017
... ... "It does what it says on the tin" - A more lenient approach to exemption clauses ... (1) Persimmon Homes Ltd (2) Taylor Wimpey UK Ltd (3) BDW ... This case dealt with an exemption clause in a professional appointment (and related warranties) which limited the ... ...
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Professional Trustees: Use of Trustee Exoneration Clauses
... ... layer of protection for trustees. A trustee "exoneration" clause (or trustee "exemption clause") seeks to limit or exclude a trustee's ... ...
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Mortgagees, Receivers and Security Agents: Excluding Liability on an Enforcement Sale
In this alert, we consider a recent decision of the English High Court concerning the extent to which the equitable duty applicable to lenders, security agents and receivers in the context of an en...... ... The relevant terms of the Debenture and ICA were as follows: ... Clause 19.1 of the Debenture (Liability of Security Agent and Receiver): ... to the following principles relevant to the construction of exemption clauses: ... Clear words must be used to exclude or modify a party’s ... ...
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Restriction On Tenant's Use Was Unlawful
... ... Martin's wanted to expand the user clause in its lease, to enable it to sell alcohol and convenience goods. The ... therefore had to prove that the clause should fall within the exemption in clause 9(1) of the Act and it put forward these arguments: ... If ... ...
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Limitation And Exclusion Clauses, What They Can And Cannot Include
... ... enclose a contractual term known as an exemption clause. The ... purpose of exemption clauses is to attempt to restrict or ... ...
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Interpretation Of Exclusion Clauses Found In Commercial Contracts
... ... rely on - the contra proferentum rule - in which any ambiguity in a clause is interpreted against the party seeking to rely on it, now has a very ... A similar limitation and exemption clause was found in each of the three individual warranties provided by ... ...
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