Exclusion clause technique

« Sale of Goods Act, or implied as a matter of fact - officious bystander test). 5.     Think about whether it is a negligently caused breach or not (doesn't matter as far as breach of contract is concerned, but might affect impact of an exclusion clause.)   6.     OK, now you have a situation where one party (the claimant) can sue another (the defendant) for breach of contract.

è this is when exclusion clause becomes important, because its aim is a defence to a claim (excluded liability for this situation).

è see if breach is covered by an exclusion clause.

  Exclusion clause cause limit liability or exclude it altogether (both are exclusion clause   Now we see whether the defendant has successfully managed to limit or exclude their liability for the particular breach.   7.     This means using the 'checklist for exclusion clauses' - in other words, the three hurdles for an exclusion clause to be valid.   8.     Firstly, is it actually incorporated into the contract?  . »