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Commercial Construction of Exemption Clauses

Stelios Tofaris

Lloyd's Maritime and Commercial Law Quarterly2019article
ABDC A
Weight
0.26

Abstract

English courts have traditionally used special rules of construction to restrict the application of exemption clauses. However, statutory control and development of the modern principles governing contractual interpretation have led to calls for the disappearance of those rules. The extent to which they should remain relevant is an important issue. Recent case law suggests that the law is in a process of transition. In this article it is argued that the law should embrace the commercial construction of exemption clauses in contracts negotiated between commercial parties of comparable bargaining power. Accordingly, construction of such clauses should be assimilated as closely as possible to the ordinary process of contractual interpretation and special rules of construction should be kept to a minimum.

Cite this paper

@article{stelios2019,
  title        = {{Commercial Construction of Exemption Clauses}},
  author       = {Stelios Tofaris},
  journal      = {Lloyd's Maritime and Commercial Law Quarterly},
  year         = {2019},
}

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Commercial Construction of Exemption Clauses

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Evidence weight

0.26

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.00 × 0.4 = 0.00
M · momentum0.20 × 0.15 = 0.03
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

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