FLSB-Topic 2-Exemption clause notes

FLSB-Topic 2-Exemption clause notes - FLSB-Topic 2-HK Legal...

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FLSB-Topic 2-HK Legal system-Supplementary notes 免免免免 Exemption clauses or 免免免免免免 Limitation clauses An exemption clause attempts to deprive the innocent party of his remedy. Exemption clauses are regarded as fair when they are the result of negotiation between the parties, the parties have equal bargaining power and their intentions are clear The issue of fairness e.g. When it comes to the application of the credit card, it is usually in a standard pre-printed form and offered on the basis of “take it or leave it” with no option to negotiate the terms. Contra proferentem 對對對對對對對對對對對 i.e. if there is any ambiguity or doubt as to the meaning of the exemption clause, it will be construed against the party who inserted it in the contract (i.e. the traders) Two questions: 1) Is the clause part of the contract? 2) Does the clause cover the breach in question? 1. Common (Case) law control of exemption clauses (i) Signed contracts The signer is
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  • Fall '13
  • exemption clause, Exemption Clauses, CECO

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