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.
References in periodicals archive ?
And it insists: "Most travel insurance policies include an exclusion clause for death due to suicide.
March 30, 1994), the court held that the pollution exclusion clause did not bar claims arising from lead exposure: "Here the failure to provide claimant with an appropriate protective device gives rise to exposure - covered by the policy and not excluded by the pollution exclusion clause.
The court of appeals' judgment that the trial court erred in granting summary judgment based on the pollution exclusion clauses was affirmed, although for different reasons.
"There is no exclusion clause which would remove Sinn Fein from the executive if the IRA fail to decommission.
* The carriers asked the court to clarify the policy's pollutant exclusion clause. Although the plaintiff's policy excludes gradual exposure to various pollutants over time from coverage, historically the plaintiff has not invoked this exclusion to deny claims and therefore would not be able to do so in the future;
He added that if the players were allowed to do a newspaper column by their national agreement, there should be an exclusion clause for a Lions tour.
At a minimum, insurers should seriously consider adding to their comprehensive general liability policies an exclusion clause that reads something like this: "This insurance and policy does not apply to any liability arising ou t of or directly or indirectly related to the actual or alleged publication or written or oral statements of any type or form which is alleged as an infringement, violation or defense of any trade secrets rights or laws."
Pinnacle maintains it has an exclusion clause on the back of its policy, ruling out covering pipes that go underground.
The only shred of comfort for the electricity company came when the judge ruled that a contract exclusion clause meant it did not have to compensate the claimants for their economic losses - put at well over pounds 1 million - arising out of the fire.
Exclusion clause: a single service provider may not be present on more than 2 different applications (group and / or individual application), and a single economic operator may not be an agent of more than one grouping.
Virtually all its rivals have so far informed customers that a Y2K exclusion clause will operate if they suffer problems - such as lost baggage or travel delays - because computer systems are non-compliant.
The contracting authority will carry out a check on the tenderers (including subcontractors) to whom the contract is to be awarded or is not subject to the exclusion clause laid down in the International and Republic of Latvia National Sanctions Act.