exemption clause

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Related to Exclusion clause: Exemption clause

exemption clause

a term in a contract that seeks to exempt or excuse a party from his liability either under the contract to be performed or some other obligation. The clause must truly be part of the contract, and the court will, in the absence of clear acceptance, ask whether it was reasonable to say that it has been included providing a control of sorts over clause included on tickets by reference. It must be in words that could encompass the liability sought to be included. If the interpretation is ambiguous, it will be construed under reference to the CONTRA PROFERENTEM RULE. Such clauses are now regulated by the law on UNFAIR CONTRACT TERMS.
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References in periodicals archive ?
67) Because the dahirs occurred at a single point in time before the crucial date, the dispute was excluded from jurisdiction by the double exclusion clause.
State consent, temporal jurisdiction, and the importation of continuing circumstances analysis into international investment arbitration
In Salmon River, the Court refused to give effect to an exclusion clause and applied a construction approach.
Justice Rand's commercial law legacy: contracts and bankruptcy policies
The Insured purchased an upgraded policy, and the exclusion clause was changed to exclude only "work performed by the Named Insured" (para.
Duty of Insurers to Defend Revisited by Supreme Court of Canada
The plaintiffs filed a claim with defendants but they denied liability based on the exclusion clauses.
In light of Massachusetts law applicable to one insurance contract, Supreme Court of Ireland rules that clauses in both contracts that excluded coverage for faulty workmanship and environmental pollution did not exempt insurers from liability for accidental damage by insured's employee to internal circuits during maintenance period
The main focus of the book is the effort to revise the Japanese exclusion clause of the 1924 Immigration Act.
Japanese Pride, American Prejudice: Modifying the Exclusion Clause of the 1924 Immigration Act
Bureaucrats who can't find an exclusion clause that will keep sensitive documents out of sight have sometimes resorted to the shredding machine.
Access to Information (Act)
And if you purchased a policy within the past 12 years or so, chances are it contains what is known as an "Absolute Pollution Exclusion Clause," which reads more or less like this:
How 'absolute' is an absolute exclusion: insurance coverage for indoor pollution
This exclusion clause did not include the word "chemical" initially but pressure from the CSC and ACPO helped make the changes.
The professional chemist - the struggle continues
Most fidelity bonds also contain some form of a trading loss exclusion clause, which precludes coverage for:
Recovering for derivatives trading losses under financial institution and crime bonds
Court of Appeals for the Second Circuit, an insurance company must defend a client who is sued for negligent hiring and training because of an assault and battery charge even if that client has an assault and battery exclusion clause in the policy.
Judicial decisions
The policy's scope generally is restricted by a "prior acts" exclusion clause that denies coverage for work performed before the policy's effective date.
Professional liability insurance: go bare or not?

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