Limitation and Exclusion Clauses in Business Contracts - Part 1
- Podcast Location:
- Sorry, this podcast has been removed as it is now out of date
- Categories:
-
Commercial Law
- CPD Points:
- Up to 1 point. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast aims to provide an introduction to the way the courts assess the validity of exclusion and limitation clauses in business contracts. It discusses the various hurdles which must be overcome before an exclusion or limitation clause can effectively exclude or limit liability.
- Outcomes:
- After completing the course you will:
- Understand the ways in which exclusion or limitation clauses may be incorporated into a contract;
- Understand the court's approach to interpreting such clauses, including the impact of the recent Court of Appeal decision in Internet Broadcasting Corporation Ltd v MAR LLC (2009) EWHC 844 (Ch);
- Understand the ways in which exclusion and limitation clauses can be rendered ineffective by legislation such as the Unfair Contract Terms Act 1977.
- Level:
- Beginner
- Classification:
-
Introduction
Practical Guide
Procedural
- Sources and References:
-
- Unfair Contract Terms Act 1977;
- L'Estrange v F Graucob Ltd (1934) 2 KB 394;
- Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd (1989) QB 433;
- Prenn v Simmonds (1971) 3 All ER 237;
- Investors Compensation Scheme Ltd v West Bromwich Building Society (1998) 1 BCLC 493;
- Internet Broadcasting Corporation Ltd v MAR LLC (2009) EWHC 844 (Ch);
- R & B Custom Brokers v United Dominions Trust (1988) 1 All ER 847;
- British Fermentation Products v Compare Reavell Ltd (1999) 2 All ER (Comm) 389;
- George Mitchell (Chesterhall) Limited v Finney Lock Seeds Limited (1983) EWCA Civ 5;
- Overseas Medical Supplies Limited v Orient Transport Services Limited (1999) 2 Lloyd's Rep 273.
In the first of this two part CPDcast series, Fiona Ball discusses the main statutory provisions and case law surrounding the reliance on exclusion and limitation clauses in business contracts. The issues which must be addressed in this situation, namely incorporation of the term into the contract, interpretation of the term by the courts and legislative controls are examined.
Podcast added: 16/10/09
Podcast last reviewed: 2011-07-25
This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.
