The validity of exemption clauses in contract law: Cases, rules, legislation intervention and implications

Abstract

Exclusion or limitation of liability clauses are commonly seen nowadays in online contracts. This paper analyses the validity of exemption clauses in a variety of circumstances comparing the cases and legislation in different jurisdictions. It submits that in determining whether such exemption clauses are valid and enforceable, the law and the Courts have to balance the competing public policies between upholding freedom of contracts on the one hand and fairness and protection of consumers on the other.