A contractual provision disclaiming liability for a particular eventuality.
- Could a defendant sued in tort rely on an exclusion clause in the contract when sued by a person who was not a party, and therefore traditionally not bound by its terms?
- The Unfair Contract Terms Act 1977 has three broad areas of control but does not interfere with the common law concerning the integration of an exclusion clause in the contract.
- Here we are dealing with an exclusion clause in a policy of liability insurance, necessarily to be read down against the insurer.
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