1887

n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The current status of the enforceability of contractual exemption clauses for the exclusion of liability in the South African law of contract

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Abstract

Exemption clauses are contractual terms that exclude, alter or limit the liability that normally flows from contractual relations. These clauses are used in nearly all standard contracts and are continually investigated because they are misapplied. When courts consider the status of the enforceability of exemption clauses, they normally approach it from the bases of consensus, public policy, limiting legislation and / or interpretation. The purpose of this article is to address concisely the status of the enforceability of exemption clauses in the South African law of contract.

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/content/ju_samlj/20/4/EJC54319
2008-01-01
2016-12-07
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