Order Description

“An exclusion or exemption clause is designed to exclude or limit the liability of one of the parties to a contract. An exclusion clause can protect that party from the consequences of both breach
of contract and tortious conduct (such as negligence) that he or she commits while performing the contract.

Explain the rules Australian courts apply in determining the application of such clauses in contracts. Also explain how the courts interpret exclusion clauses, in particular, the factors which
govern their effectiveness. Discuss also how exemption clauses are affected by the Australian Consumer Law that are applicable to contracts in Australia.”