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Exclusion and limitation clause

Exclusion and limitation clause. 指導老師 : 李柏靜 郭信男 M100750026. Vocabulary. Agent : A person with authority or capacity to create or affect legal relations between a principal and third parties

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Exclusion and limitation clause

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  1. Exclusion and limitation clause 指導老師:李柏靜 郭信男 M100750026

  2. Vocabulary Agent : A person with authority or capacity to create or affect legal relations between a principal and third parties Assignment : A transfer of rights or liabilities such as those that arise under an instrument, chose in action, or debt. Breach of duty : To neglect the duty. Clause : A self-contained and independent written term forming a sentence, part of a sentence, a paragraph or a section in legal documents such as treaties, contracts, wills, deeds and statutes. Consent : Voluntary agreement or permission. Contract : A legally binding promise or agreement. It is an act in law where two or more persons declare their consent as to any act or thing to be done or forborne by some or one of them for the use of the others or other of them Damages : A sum of money awarded by a court as compensation for a tort or a breach of contract. Defect : A fault or failing in a thing.

  3. Vocabulary Force Majeure : A circumstance beyond the control of a party to a contract, which enables that party to escape liability for failing to perform the contract as a result of the circumstance Goodwill :(1)business reputation(2) good faith Liability : Being answerable, chargeable, or responsible; under legal obligation. Negligence : Carelessness amounting to the culpable breach of a duty Obligation : A legal requirement to carry out or refrain from carrying out any act. Written: A mode of representing or reproducing words, figures; or symbols in visible form.   Severance : Removal from a contract of a term that is void or illegal so as to save the contract as a whole. Unenforceable : Not able to be put into effect.

  4. Commercial contracts • Commercial contracts may seek to (1)exclude liability for specific categories of damages (2)and to limit liability for breach of contract. • Clauses purport to intend to limit or exclude obligation attaching to parties to contract.

  5. Contract • Parties assume that the term of an exclusion clause will be binding if thy are contained within a signed written contract. • Legislation imposes limits on the use of unfair contract terms. • When disputes arise around clauses , courts are generally called upon to construe , or interpret, the meaning of clauses.

  6. Standard clauses • A majeure clauses To release liability for risks outside their reasonable control • A time of the essence clauses Time ontained in a contract are essential conditions • An assignment clauses To transfer or assign contractual rights to third parties and any prior written consent

  7. A severance clauses To sure an agreement continue to be in force in the event some of provision are illegal or unenforceable • A choice of govern law and jurisdiction clauses

  8. Q • If the clauses is unfair , could the clauses be enforced? • If one of the provision is unenforceable , how should we do to prevent this situation?

  9. END Thank for your attention!!!

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