Exemption Clause in UK Law
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Armitage v Nurse & Others
The Appellant in this case, referred to throughout the Court of Appeal's judgment as ‘Paula’, was the principal beneficiary under a settlement which contained a trustee exemption clause in the foll...... ... 3 Negligence, fraud and breach of trust: validity of trustee exemption clauses Armitage v Nurse & Others Court of Appeal: Hirst LJ, Millett LJ ... benefi-ciary under a settlement which contained a trustee exemption clause in the following terms: 'No trustee shall be liable for any loss or damage ... ...
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FUNDAMENTALISM IN CONTRACT
... ... ) were precluded from relying solely on the demurrage clause in the charterparty because by deliberately per- forming fewer ... , that the demurrage clause in question was not an exemption clause strict0 sensu and that, in any case, the appel- lants ... ...
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Standard Term Fails
... ... which the plaintiff was asked to sign contained this clause: “ The hirer further acknowledges and agrees that he has not ... would not have been obvious to the seller, and the exemption clause might be of some assistance to the seller. Not of ... ...
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Return To Dunlop v. Selfridge?
... ... Exemption clauses have been a feature of contracts of carriage, ... case was concerned with the burden of an exemption clause rather than the benefit. VOL. 23 26 ... 886 THE MODERN LAW ... ...
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STATUTES
... ... repudiation of the contract (including an arbitration clause) is accepted by the party not in default so as to terminate the ... secondary obligations, e.g., arbitration.40 Where do exemption clauses fit into such a scheme of things ? Lord Reid was ... ...
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PRORATING IN THE ENGLISH LAW OF FRUSTRATED CONTRACTS
... ... , what then, in the absence of a clearly applicable exemption clause, is his position? One solution might be that he ... ...
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The Exclusion Of Section 12 (1) Of The Sale Of Goods Act
... ... , it was not possible to exclude by an appropriate exemption clause the condition as to good right to sell normally ... ...
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Fundamental Breach–‐Positively Last Appearance
... ... merely because of the cabbages, but because in the exemption clause world, as in the looking-glass world, things tended to be ... ...
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Discharge From Performance Of Contracts By Failure Of Condition
... ... contract has ceased to exist, including the exclusion clause ... ” (per Lord Reid, in Suisse Atlantique Socittt ... This examination is not confined to exemption clauses and the problem may be restated more generally: Do ... ...
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The Limits of Compromise: Tudor Grange Holdings Ltd v Citibank N.A
... ... (UCTA) was enacted primarily to regulate the use of exemption clauses in certain contracts and in section 10, side-noted ... there are two contracts by the same parties, the exemption clause would already be caught by the earlier provisions of the UCTA, ... ...
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