Relevant bibliographies by topics / Exemption clauses

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Exemption clauses'

Author: Grafiati
Published: 4 June 2021
Last updated: 18 February 2022

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Journal articles on the topic "Exemption clauses"

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McBride, Nicholas J. "Trustees' Exemption Clauses." Cambridge Law Journal 57, no. 1 (March 1998): 33–36. http://dx.doi.org/10.1017/s0008197300134336.

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Blackshield, Tony, and Rosemary Huisman. "Exemption and exegesis: Judicial interpretation of exemption clauses in England, Australia, and India." Semiotica 2016, no. 209 (March 1, 2016): 77–97. http://dx.doi.org/10.1515/sem-2016-0006.

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AbstractA feature of the modern consumer economy is the so-called “standard form contract,” printed in advance to establish the terms on which a corporate supplier deals with its customers. Typically these terms include an “exemption clause,” seeking to limit the supplier’s liability for loss or damage, and often to exclude legal liability altogether. Sometimes such clauses are given effect according to their apparent intention, but in other cases judges may endeavor to avoid that result – either by denying the clause any legal effect whatsoever, or by reading it so as not to apply to the precise kind of liability that has in fact arisen. We illustrate these varied responses by reference to judicial decisions in England, Australia, and India. The analysis suggests different expectations within these different judicial discourse communities: in England, from 1980 onwards, the renewed ideological emphasis on freedom of contract led judges to retreat from the creative solutions of earlier decades, returning to an emphasis on the actual words of such clauses; in Australia, in contrast, judges declined to take part in such a retreat; in India, a prevailing insistence on the need to interpret contracts strictly according to their literal terms has failed to prevent occasional attempts at ingenious interpretive solutions.
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Tallon, Denis. "Damages, Exemption Clauses, and Penalties." American Journal of Comparative Law 40, no. 3 (1992): 675. http://dx.doi.org/10.2307/840593.

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Mupangavanhu, Yeukai. "Exemption Clauses and the Consumer Protection Act 68 of 2008: An Assessment of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 3 (April 24, 2017): 1194. http://dx.doi.org/10.17159/1727-3781/2014/v17i3a2291.

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Exemption clauses are a rule rather than an exception particularly in standard-form contracts. Consumers are usually forced to accept such terms on a "take-it-or-leave-it" basis. This state of affairs shows that freedom of contract is theoretical and could lead to injustices. In Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) the Court refused to uphold the exemption clauses based on the fact that it would have been unfair and unjust to the plaintiff who had sustained serious bodily injuries during his stay at the hotel. The article discusses this court decision in the light of the provisions of the Consumer Protection Act 68 of 2008 (CPA) against the background of the previous jurisprudence regarding exemption clauses, including the position of exemption clauses in a new constitutional dispensation.
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Höög, Magnus. "Specialization Agreements under the EEC Competition Rules; A Commentary on Regulation No. 417/85." Nordic Journal of International Law 56, no. 4 (1987): 380–413. http://dx.doi.org/10.1163/157181087x00183.

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AbstractEach case depends on its own facts. Still, the decided cases give considerable guidance to the Commission's approach to granting individual exemptions. The Commission seems to be concerned primarily with the activities of only the parties subject to the specialization agreement, not with unrelated pursuits of corporate relations of the parties94. The Commission also attributes to th especialization agreements an increase of production with a concomittent lowering of unit costs. The exclusivity will thus help to provide the necessary expanded market. The parties to the agreements discussed above are of different sizes, some have very significant shares of the markets in question. A considerable size of the parties, i.e. substantial turnover or large market shares, normally will make it more difficult to obtain an individual exemption. Still, the individual decisions make it clear that even quite substantial undertakings can obtain the benefit of an individual decision under the right circumstances. This leads to the conclusion that size per se is not a concern to the Commission. Of concern is the restrictive clauses in, to some extent, conjunction with the size. Together, the restrictive clause and the considerable size bring the agreement far within the scope of Article 85(1). That the agreement can be granted an individual exemption due to inherent advantages is another side of the coin. A significant example is Re Lightweight Papers. Once the most rigid clauses in the agreement were withdrawn, an exemption was granted no matter the huge market shares in Benelux and France (70% and 80% respectively). The existence of effective competition is the all important element. No matter the size, an exemption can be had if effective competition prevails.
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Boeuf, Blandine, Oliver Fritsch, and Julia Martin-Ortega. "Justifying exemptions through policy appraisal: ecological ambitions and water policy in France and the United Kingdom." Water Policy 20, no. 3 (March 16, 2018): 647–66. http://dx.doi.org/10.2166/wp.2018.108.

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Abstract The Water Framework Directive aims to achieve ‘good status’ for all water bodies in the European Union. However, exemption clauses enable member states to delay protective measures and to lower water quality objectives. The ambiguity of exemption clauses has led to a plurality of approaches across the continent. They differ as to their political objectives, i.e., the overall ambition displayed in implementing the Directive, and to their methodological choices, i.e., the analytical tools used to justify exemptions. This article argues that those political and methodological dimensions influence each other. Relying on a framework of analysis that integrates key recommendations from the literature, we explore the usage and justification of exemptions in two countries, the United Kingdom and France. Our analysis suggests that analytical methods were often decided so as to reflect the ecological ambitions of a country, and some methodological choices seem to have had unintended consequences for water quality objectives. We conclude that economic methods should be adapted so that they take into account, rather than ignore, the political ambitions of a country in the field of water.
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Mark Tait. "Judicial Guidance on the Application of Section 49 of the Consumer Protection Act, 2008 – Van Wyk t/a Skydive Mossel Bay v UPS SCS South Africa (Pty) Ltd [2020] 1 All SA 857 (WCC)." Obiter 41, no. 4 (March 24, 2021): 948–60. http://dx.doi.org/10.17159/obiter.v41i4.10497.

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In South Africa, the legislature’s response to the negative consequences resulting from the pervasive use of disclaimers by suppliers has been to regulate the use of these terms through the enactment of a number of provisions in the Consumer Protection Act 68 of 2008 (CPA), including sections 48, 49 and 51. A number of publications have considered the meaning of these provisions and the impact they may have on the use of disclaimers in consumer contracts. As a consequence of the widespread use of disclaimers and the adverse consequences they may hold for consumers, any judicial pronouncement on the impact of the CPA on these clauses is significant. In Van Wyk t/a Skydive Mossel Bay v UPS SCS South Africa ([2020] 1 All SA 857 (WCC) (Skydive v UPS)), the Western Cape High Court was afforded the opportunity to consider the impact of aspects of section 49 specifically on the use of a clause in a consumer agreement excluding the risk or liability of suppliers (referred to as an “exemption clause” in this note).Section 49 of the CPA applies to four distinct types of clause enumerated in section 49(1) – namely, clauses limiting the risk or liability of suppliers in respect of any other person; clauses constituting an assumption of risk or liability by the consumer; clauses imposing an obligation on the consumer to indemnify the supplier for any cause; and clauses requiring a consumer to acknowledge a particular fact. As indicated, in Skydive v UPS, the contentious clause was one excluding the risk or liability of the supplier. The focus of this note then is on the interpretation and application by the court in Skydive v UPS of the relevant provisions of section 49 of the CPA to an exemption clause.
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Durbach, Nadja. "Class, Gender, and the Conscientious Objector to Vaccination, 1898–1907." Journal of British Studies 41, no. 1 (January 2002): 58–83. http://dx.doi.org/10.1086/386254.

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In 1898, after forty-five years of enforcing mandatory infant smallpox vaccination, the British parliament passed an act to allow parents to “opt out” of the compulsory system. The 1898 Vaccination Act introduced a conscience clause that entitled parents who objected to the practice of vaccination to claim certificates of conscientious objection by applying to a magistrate for an exemption. This provided working- and lower-middle-class anti-vaccinationists a measure of relief from the repeated fines they had suffered for noncompliance with the law, and from the threat of imprisonment. By the end of 1898, over 200,000 certificates of conscientious objection had been issued. Many of these were granted in anti-vaccination strongholds where exemptions outnumbered vaccinations, but conscientious objection to vaccination was by no means limited to these regions. Once an amended conscience clause was passed in 1907, which made conscientious objector status much easier to attain, the national exemption rate grew to 25 percent of all births.The vaccination conscience clauses were controversial. As most of the applicants who applied for these exemption certificates came from the working classes, and many were women, these acts generated a national debate over the classed and gendered nature of the conscience and the meanings of conscientious objection. The years between 1898 and 1907 thus mark a significant moment in the making of the modern subject and citizen. For, as the debate over conscientious objection to vaccination reveals, who exactly was entitled to make a claim to possess a conscience, with its concomitant rights, was itself a contested issue.
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Yasmin, Munnie. "Legal Liability in Standard Form of Contract." International Research Journal of Engineering, IT & Scientific Research 2, no. 9 (September 3, 2016): 39. http://dx.doi.org/10.21744/irjeis.v2i9.233.

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The validity of standard form of contract is not necessary to be disputed. Standard form of contract has become a business necessity in relation to efficiency and effectiveness. The aspect of problems arising in the standard form of contract is the aspect of imbalance position of the parties. Standard form of contract is potential to be abused by parties having stronger bargaining power. One of the forms of the imbalence is the inclusion of exemption clauses which aims to limit or release the liability of one of the parties. Currently, the rules governing the exemption clause exists only in the Law No. 8 of 1999 on Consumer Protection (LCP). Article 18 of LCP governing the standard form of clause is limited to the extent of prohibited form and content, and only aimed at final consumer contracts. In reality, the standard form of clause is also found in commercial contracts which are not only on final consumers but also midst consumers. Based on this matter, it is necessary to elaborate the liabilities of the parties and state in drawing up standard form of contacts.
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Gothard, C. "Watch out trustees!: Trustee exemption clauses - Law Commission Consultation Paper." Trusts & Trustees 9, no. 9 (September 1, 2003): 24–26. http://dx.doi.org/10.1093/tandt/9.9.24.

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Dissertations / Theses on the topic "Exemption clauses"

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Netshipise, Divhanani. "The scope and validity of exemption clauses in South African law." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77424.

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Exemption clauses are often incorporated in consumer agreements by suppliers to exclude or limit liability on the supplier’s part. Just like any other term in the agreement, an exemption clause will also be considered to be a reflection of the actual or presumed intentions of the parties and the courts must give effect to it. However, research reveals that the application of these clauses often operates in favour of the supplier and to the detriment of the other party, who is usually a consumer as defined by the Consumer Protection Act 68 of 2008 (hereafter CPA). This dissertation seeks to analyse the legal status of exemption clauses in South African consumer agreements, particularly unfair, unjust and unreasonable clauses. The research done indicates that courts have relied on several techniques, the most common one being the restrictive interpretation method which is used to limit the application of an exemption clause. It will also be shown that South African courts have also relied on public policy which now incorporates the values of the Constitution of the Republic of South Africa Act 108 of 1996 (hereafter Constitution) and would prevent certain exemption clauses from being enforced if they would result in injustice. Despite the application of these techniques, this research shows that challenges imposed by the use of exemption clauses continued to rise. The CPA was enacted with an aim to advance and protect consumers’ interests in the commercial industry. This dissertation will further explore how the CPA has ensured fairness in consumer agreements by introducing certain requirements for incorporating exemption clauses into consumer agreements. It will further be shown that the CPA strictly prohibits the use of certain exemption clauses in consumer agreements. The relevant provisions under Chapter 2 Part G of the CPA will be critically discussed The dissertation will also look at how English law has attempted to deal with the use and application of unfair and unjust exemption clauses. The significance of this part of the dissertation is to compare the techniques employed under English law with those employed in terms of South African law and make recommendations where possible. This will be done by analysing legislations of the UK, as well as legislation of the European Union, in particular, the 1993 EC Directive on Unfair Terms in Consumer Contracts as it has been incorporated under the UK law.
Mini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM
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Van, Wyk Andries. "Uitsluitingsklousules die huidige status in die Suid-Afrikaanse kontraktereg /." Pretoria ; [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-05062009-125448/.

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De, Metz Bart. "Exemption clauses in commercial and consumer contracts : a comparison of English, Dutch and Quebec Law." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61888.

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Westraat, Adele Suzanne. "The influence and interpretation of the Consumer Protection Act 68 of 2008 on hospital exemption clauses." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53209.

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Exemption clauses are commonly used in hospital contracts to exclude the liability of the hospital or hospital personnel for personal injury or death and presented to the patient on a take-it-or-leave-it-basis. Patients usually sign these contracts containing the exemption clauses because it is impossible to negotiate the terms of the contract. Exemption clauses that are not contrary to public policy are enforceable between parties. Courts have generally favoured the application of the principles of freedom of contract and pacta sunt servanda to determine the enforceability of exemption clauses. The Consumer Protection Act, 68 of 2008 (CPA) was recently enacted, and among other things, it addresses the unfairness that is associated with exemption clauses and aims to improve consumer awareness. The common law principles were modified by the CPA. Exemption clauses, after the enactment of the CPA, are only enforceable if it complies with the requirements as set out in the Act. Exemption clauses must be drafted in plain and understandable language especially clauses that can be construed to be unfair and the risks pertaining to these clauses must also be drafted in an understandable manner. Such a clause must be brought to the patient s attention and a consumer must sign next to the clause after any term that can be interpreted as unfair terms and risks that is associated with such term is explained to him. A drafter should take into consideration greylist and blacklist terms when drafting exemption clauses, since certain clauses are prohibited and other terms are presumed to be unfair. A drafter can include a term that excludes liability for personal injury of the patient, but the hospital or its personnel will have to prove that such term is fair under the circumstances. A clause that excludes liability for death is not permissible. The enactment of the CPA was long overdue and it was vital, especially in respect of fairness of exemption clauses and the protection of patients against unfair contract terms.
Mini Dissertation (LLM)--University of Pretoria, 2015.
Private Law
LLM
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Tembe, Herman C. "Problems regarding exemption clauses in consumer contracts : the search for equitable jurisprudence in the South African Constitutional realm." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/65730.

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Iwasa, Luciana. "A comparative evaluation of the legislative controls on unfair terms and exemption clauses in consumer and business contracts in England and Brazil." Thesis, Aston University, 2013. http://publications.aston.ac.uk/19144/.

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The purpose of the present study is to make a comparative evaluation of the legislative controls on unfairness in the context of B2B, B2C and small businesses contracts in England and Brazil. This work will focus on the examination of statutes and relevant case law which regulate exemption clauses and terms on the basis of their ‘unfairness’. The approach adopted by legislation and courts towards the above controls may vary according to the type of contract. Business contracts are more in line with the classical model of contract law according to which parties are presumably equals and able to negotiate terms. As a consequence interventions should be avoided for the sake of freedom of contract even if harmful terms were included. Such assumption of equality however is not applicable to small businesses contracts because SMEs are often in a disadvantageous position in relation to their larger counterparties. Consumer contracts in their turn are more closely regulated by the English and Brazilian legal systems which recognised that vulnerable parties are more exposed to unfair terms imposed by the stronger party as a result of the inequality of bargaining power. For this reason those jurisdictions adopted a more interventionist approach to provide special protection to consumers which is in line with the modern law of contract. The contribution of this work therefore consists of comparing how the law of England and Brazil tackles the problem of ‘unfairness’ in the above types of contracts. This study will examine the differences and similarities between rules and concepts of both jurisdictions with references to the law of their respective regional trade agreements (EU and the Mercosul). Moreover it will identify existing issues in the English and Brazilian legislation and recommend lessons that one system can learn from the other.
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Crawley, Shaun Edward. "The difference in how UAE and EW law controls Gharar (risk) and so Riba in a construction contract in the Emirate of Dubai, UAE." Thesis, Robert Gordon University, 2017. http://hdl.handle.net/10059/2453.

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This research critically analyses and compares how the United Arab Emirates (UAE)1 Law and English and Welsh (EW) Law regulates obligations in a contract, for a thing that is to come into existence in the future, namely a construction contract. Uncertainty/speculation as to how an obligation is to be performed in UAE Law is termed gharar. The word that is synonymous with this terminology in EW Law is “risk”. The extent of gharar or ‘risk’ (these terms are used on an interchangeable basis in this thesis) in an obligation plays a fundamental role in the profitability of a construction contract. Where losses become unacceptable, particularly for the Contractor, a dispute will arise. These circumstances may be in conflict with UAE Law, which obligates parties to a contract to ensure circulation of wealth by maintaining the anticipated profit to be made from a contract. This analysis also reviews how the level of gharar or ‘risk’ can be increased by operation of two types of provision that are included in standard forms of construction contract such as the International Federation of Consulting Engineers, Geneva, Switzerland (FIDIC) Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer 1st Ed. 1999 (FIDIC99). The first is a provision that releases the Employer from liability where the Contractor does not give timely notice of an Employer’s act of prevention. The second is a provision giving the Employer a discretion to act in an opportunistic manner, and exempt or limit his liability. It considers how FIDIC99 should be applied to control gharar or ‘risk’ in a positive way. It also identifies similarities between how UAE Law controls gharar and that of the notion of parties’ reasonable expectations in contract Law (herein referred to as parties’ expectations), and how relational contracts operate to ensure parties achieve their expectations.
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Hansson, Tanja, and Anna Nilsson. "Friskrivningsklausuler i kommersiella standardavtal : En detaljstudie angående harmoniseringen av avtalsrätten inom EU." Thesis, Jönköping University, JIBS, Commercial Law, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-394.

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During the later half of the 20th century standard form contracts began to be used more frequently in contract situations. This trend has been consistent and in today’s world numerous commercial parties employ such contracts in their business transactions. The reasons for the extended use of standard form contracts are the benefits that can be obtained for the parties such as time efficiency, effectiveness and price advantages. Standardised contracts often regulate certain issues of the contract for example the way of delivery, remedies and complaints. The definition of such contracts is corresponding in Sweden and England as contracts containing in advance standardised terms with an aim to be used similarly in contract situations with most clients or customers.

As the usage of standard form contracts increased, the number of unfair contract terms also enhanced. Therefore, the legislative powers in Sweden and England realised that the rules concerning the freedom of contract had to be restricted and governed. As a result, the legislative powers introduced an open control device through statutory control. This was done in Sweden in 1976 with the enforcement of Section 36 of the Contracts Act, and in England the year after when UCTA came into force. The statutory control in both Sweden and England makes it possible to appraise the fairness of exemption clauses. The statutory control is not identical in the two states. UCTA only concerns exclusion clauses and limitation clauses regarding contract terms and non-contractual notices. In Sweden, on the other hand, there is a general doctrine of unfairness and Section 36 of the Contracts Act can set aside all kinds of agreements.

The statutory control is complemented by indirect means of controlling the content of a contract through non statutory methods. The non statutory methods are concerned with the incorporation, interpretation and construction of clauses in a contract. To be valid and for a party to be able to rely on a term it must have been incorporated into the contract. The rules concerning the interpretation of standard form contracts and exclusion clauses are also of great importance. In both states the approach held is that the statutory control should be used preferably over the indirect control means, though the indirect means still has a prominent role in England through common law. Both England and Sweden agree on that the weaker party in a contract situation is in a greater need of protection by the rules of law in unfair contract situations. However unfairness can only arise if the superior party has wrongfully used the exclusion clause.

Our study shows the differences between Swedish and English contract law that can result in difficulties in the harmonisation process. These differences concern the test of reasonableness of exemption clauses, the doctrine of good faith, the legal effects and to what extent the indirect means of control should be applied. The Swedish test of reasonableness may include all relevant circumstances irrespective of the time of their occurrence, before or after the entry of the contract. The courts in England are limited to circumstances that have occurred before the closure of the contract. Section 36 of the Swedish Contracts Act includes a general rule of unfairness applicable to all kinds of contract terms. The rule of unfairness in the UCTA on the other hand, is only applicable to exemption clauses and indemnity clauses and there is no general rule of unfairness in English contract law. Instead the courts rely on indirect means of control, which therefore is of greater importance in English contract law. Finally, adjustments of unfair exemption clauses has a significant role in Swedish contract law, in contrast to English contract law where any adjustment is regarded as an intrusion of the freedom of contract.

To endorse one of the most important aims of the EU; a well working inner market, discussions commenced in 2001. The discussions concerned the harmonisation of the contract law within the union. The questions that arose were whether or not it was possible at all to form a European common contract law and if so, what the effects would be. An action plan was developed by the Commission and today both the EU Parliament and the Council are positive in regard to the continuing work with a reference frame. The Commission aims to pass the reference frame in 2009. Since the EU member states are diverse and have different legal systems a harmonisation of the contract law could cause difficulties. There are differences concerning legal traditions and legal values, hence the legal expertise in Europe is divided in the harmonisation question.

The following study aims to analyse the existing rules of law in Sweden and England representing two diverse legal systems existing in Europe; civil law and common law. The focus of this study regards the control of exclusion clauses in standard form contracts in both legal systems. The comparison will then be used to analyse the fundamental question if the harmonisation of contract law in the EU is feasible. Specific areas within the contract law have already been harmonised, which shows a possibility to coordinate common law and civil law. Directive 93/13/EEC on Unfair Terms in Consumer Contracts is one example of harmonised contract law in the EU and the principles in PECL is another example which shows that it is possible to coordinate common law and civil law. A harmonisation of the contract law will probably promote the commerce within the union and be the next step towards one of the most prominent goals of the EU, namely a well functioning common market. However, our study shows that the differences between national legislation and the differences between the legal traditions within the EU are not insignificant and a harmonisation will probably not be enforced without difficulties.

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Kesavayuth, Dusanee. "Essays on patient licensing with a grantback clause and a research exemption." Thesis, University of Essex, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.511013.

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Kesavayuth, Dusanee. "Essays on patent licensing with a grantback clause and a research exemption." Thesis, University of Essex, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.522102.

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Books on the topic "Exemption clauses"

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Trustee exemption clauses. London: Stationery Office, 2006.

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Trustee exemption clauses: A consultation paper. London: Stationery Office, 2003.

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Exemption clauses and implied obligations in contracts. North Ryde, N.S.W: Law Book Co., 1986.

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Report on the control of exemption clauses (topic 13). [Hong Kong: The Commission, 1986.

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Exemption Clauses, Penalty Clauses and Unfair Terms. Butterworths Tolley, 1999.

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Trustee Exemption Clauses: Cm.6874. Stationery Office, 2006.

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Exemption Clauses and Unfair Terms. 2nd ed. Tottel Publishing, 2006.

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Commission, Great Britain Law, ed. Trustee exemption clauses: A consultation paper. London: TSO, 2003.

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Warner, Victor, and Anderson Mark. Macdonald's Exemption Clauses and Unfair Terms. Bloomsbury Publishing Plc, 2018.

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Gerard, McMeel. Part III Particular Contractual Provisions, 21 Exemption Clauses and Unfair Contract Terms. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0021.

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This chapter focuses on exemption clauses. Particular attention is placed on the detailed rules of construction still applicable to exemption clauses. Moreover, the chapter considers the statutory interventions in this field in the shape of the Unfair Contract Terms Act 1977 and Part 2 of the Consumer Rights Act 2015 (superseding the Unfair Terms in Consumer Contracts Regulations 1999). Since these statutory interventions there has been a marked tendency to construe exemption clauses in commercial agreements in a more realistic way. This is especially prevalent where the parties are of relatively equal bargaining power and where the clause is perceived as giving effect to a sensible allocation of risk.
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Book chapters on the topic "Exemption clauses"

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Griller, Stefan, Dimitri P. Droutsas, Katrin Forgó, Gerda Falkner, and Michael Nentwich. "The Exemption Clauses within the Framework of Title IV TEC." In The Treaty of Amsterdam, 242–55. Vienna: Springer Vienna, 2000. http://dx.doi.org/10.1007/978-3-7091-6762-5_13.

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Krishnan, Loganathan. "Setting out a comprehensive legal framework to govern exemption clauses in Malaysia." In The Future of the Law of Contract, 160–84. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: Markets and the law: Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9780429056550-9.

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Pande, B. B. "The Immutability of the Marital Exemption Clause in the Indian Rape Law." In The Indian Yearbook of Comparative Law, 365–82. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-7052-6_16.

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"Exemption clauses." In Contract Law, 137–49. Willan, 2013. http://dx.doi.org/10.4324/9781843925903-16.

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Koffman, Laurence, and Elizabeth Macdonald. "Exemption clauses." In The Law of Contract, 157–98. Oxford University Press, 2010. http://dx.doi.org/10.1093/he/9780199570201.003.0632.

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"Exemption clauses." In Opinion Writing In Contract Law, 65–78. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843142775-7.

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"Exemption clauses." In A–Z Guide to Boilerplate and Commercial Clauses. Bloomsbury, 2017. http://dx.doi.org/10.5040/9781526500632.0049.

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"EXEMPTION CLAUSES." In Briefcase on Contract Law, 157–76. Routledge-Cavendish, 2010. http://dx.doi.org/10.4324/9781843145813-9.

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Taylor, Richard, and Damian Taylor. "6. Exemption clauses." In Contract Law Directions. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797739.003.0006.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Exemption clauses provide that one party will not be liable in certain situations; they exclude or limit liability. Exemption clauses have traditionally been frowned upon because they have been misused, often to the detriment of consumers, and the courts have responded by repeatedly looking for ways to cut them down. In recent years the Unfair Contract Terms Act 1977 has given the courts much stronger powers and the Unfair Terms in Consumer Contracts Regulations have strengthened the position of consumers. These statutory controls have recently been radically overhauled in the Consumer Rights Act 2015 and this chapter provides a full explanation of these complex developments.
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Macdonald, Elizabeth, Ruth Atkins, and Jens Krebs. "9. Exemption clauses." In Koffman & Macdonald's Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198752844.003.0009.

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This chapter begins the discussion of unfair terms. It deals with the common law rules relating to exemption clauses, and introduces the problems, as well as the benefits of standard form contracts. It looks at the common law rules dealing with incorporation and construction (interpretation) generally, and their use by the courts to deal with unfair exemption clauses, and the evolution of the use of such approaches in the light of legislative policing. In particular, it deals with incorporation by signature, notice (including the ‘red hand rule’), and a course of dealing, and looks at construction post-UCTA (Unfair Contract Terms Act 1977), and post-Investors, including the Canada Steamship rules and the distinction between limitation and exclusion clauses. The tension between freedom of contract and protecting the party with weaker bargaining power is emphasized. The chapter addresses how the Consumer Rights Act 2015 has impacted the law.
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Conference papers on the topic "Exemption clauses"

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Chandiramani, Dipak K., and Suresh K. Nawandar. "Assessment of Weep Holes in Cylindrical Shell Based on Elastic-Plastic Stress Analysis Method." In ASME 2014 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/pvp2014-28075.

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In urea plant equipment, particularly those operating in the synthesis cycle, anti-corrosive liner plates are usually applied to the pressure retaining carbon steel vessel walls. Even with the correct material selection, controlled fabrication methods and maintenance, the risk of highly corrosive urea-carbamate solution leaking through these liners always exists in these equipment which might eventually damage the carbon steel walls. Existing designs of these equipment utilizes “weep holes” to reveal such leakages. Various designs exist, but in general these weep holes are 15–20mm dia. plain openings in the vessel walls connecting the space between the liner and the vessel wall to the outside atmosphere or the leak-detect apparatus. These equipment operate at high pressures and temperatures and therefore ASME Section VIII Division 2 is normally the preferred design and construction Code. This Code, earlier to the publication of its Edition 2007, had provisions in it to exempt openings not exceeding certain diameters, from any reinforcement calculations. Traditionally, equipment designers have been applying this clause to seek the exemption of these weep holes from any further calculations. However, starting with Edition 2007, this Code did away with such exemptions and has made it mandatory to assess openings of all sizes, particularly if they are in the monobloc vessels. Weep holes are no exception. This paper discusses how the assessment of these weep holes in cylindrical shells can be carried out by applying the “Elastic-Plastic Stress Analysis Method” stipulated in Para. 5.2.4 & 5.3.3 of the ASME Section VIII Division 2 Code. This paper also provides the basis for recommending this method. In the application of this method, the subject is approached as a “shell with opening” and not as conventional “nozzle opening in the shell”.
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