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Exemption Cl. Interp

QuestionAnswer
What is the general rule regarding the interpretation of exemption clauses? They will be strictly construed against the party attempting to impose them.
Name cases in which exemption clauses were strictly construed? O'Connor and McCowan and Sons, Curtis v Chemical Cleaning and Dyeing
What case established the test for exempting liability for negligence? 1. Is there an express exemption. 2. If not, are the words wide enough to cover liability for negligence. 3. If they are, could the party in breach be liable on some other ground other than negligence. If so, not effective. - Alderslade v Hendon Laundry
Can liability be exempted for a fundamental breach? Karsales v Wallis, Clayton Love and Sons v The Brittish and Irish Steam Packet Company
What case overruled Karsales v Wallis? Photoproduction v Seciricor
Created by: sineadgriffin