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	Competition law update - August 2005 Five things you need to know…exclusion clauses
		It is well-established that an exclusion clause cannot be used to defeat liability under section 52 of the TPA or its equivalent in the State and Territory Fair Trading laws.
		However, an exclusion clause may be relevant in the context of section 52 of the TPA in relation to the question of a party's reliance or inducement to enter a contract.
		An exclusion clause may effectively break the reliance nexus where it provides the party to whom the misrepresentation was made with sufficient information, so that it would be hard for that party to claim that it has relied on the misrepresentation in entering the contract.
	www.mallesons.com /publications/competition/8066076w.htm (1441 words)

	The K-Zone: exclusion clause
		In a Contract, an exclusion clause is a term that seeks to limit the liability of one or other party, in the event of there being some problem with performance of the contract.
		The courts have varied in their willingness to enforce exclusion clauses; on the whole, the 1960s and 70s saw a rise in the number and scope of exclusion clauses, with the Court of Appeal (particularly Denning LJ) seeking various ways to strike them out where they were clearly unjust.
		In this case the trial judge allowed the exclusion clause to stand; the Court of Appeal (Denning, again) held that the contract had been fundamentally breached, and therefore the clause could not be enforced; then the House of Lords reversed the Court of Appeal decision, and allowed the clause to stand.
	www.kevinboone.com /lawglos_ExclusionClause.html (1261 words)

	Exclusion clause
		Exclusion clauses are terms, which have been inserted into a contract by one party to exclude or limit his civil liability for the consequences of a breach of contract or negligence on his part.
		Where an exclusion clause is an express term of the contract, then at common law it shall be upheld.
		Exclusion clauses are now subject to control imposed by the Unfair Terms Act 1977 which is an act which limits the extent to which civil liability can be avoided by means of contract terms or by the use of none contractual notices.
	www.fortunecity.com /meltingpot/partridge/9/law/id25.htm (435 words)

	AIMU - Chemical, Bio-Chemical & Electromagnetic Exclusion Clause
		When the Forms and Clauses committee was formed to review this issue, the London Institute form had already been issued on November 1, 2002.
		Some members expressed concern that TRIA could potentially "trump" the exclusion if an offer to purchase TRIA coverage was accepted by an insured and a loss arose from a certified act of terrorism due to a Chemical, etc. cause.
		At the end of the review process it is hoped that the proposed clause will be seen as a more simple and elegant way to achieve our purpose for this clause.
	www.aimu.org /chembioexcusionexp.html (579 words)

	Contract
		If there are uncertain or incomplete clauses in the contract, and all options in resolving its true meaning have failed, it may be possible to sever and void just those affected clauses.
		The test of whether a clause is severable is an objective test - whether a reasonable person would see the contract standing even without the clauses.
		It is common for lengthy negotiations to be written into a heads of agreement document that includes a clause to the effect that the rest of the agreement is to be negotiated.
	www.brainyencyclopedia.com /encyclopedia/c/co/contract.html (4152 words)

	Judge picks holes in supplier's exclusion clause \| OUT-LAW.COM
		The limitation of liability clause in the Borealis conditions stated: "Borealis does not assume any responsibility for Products being suitable for any particular purpose unless Borealis in writing has approved such suitability." It went on to limit liability "for whatever reason" to an exchange or refund.
		Another clause sought to exclude "to the fullest extent permitted by law" all conditions and warranties expressed in or implied by statute or common law.
		The clauses also denied the buyer any redress if the goods are defective, other than a refund where the goods fail to meet Borealis's own specification.
	www.out-law.com /page-7191 (1210 words)

	Insurance Term Definitions: Clauses that Protect the Insurer
		Reinstatement Clause In the event of your policy's termination because of nonpayment or other noncompliance with the insurance company's rules, you may still be able to reinstate your policy.
		The inclusion of this clause means that if you commit suicide within two years (or less, depending) of purchasing the policy, the insurance company is not required to pay the death benefit, but is obligated to reimburse your family for all the premium payments you previously made.
		These days, a policy with an aviation exclusion is rare, but some do still require you to pay a higher premium to cover the risk, especially in the case of you being employed by an airline.
	www.lifeinsuranceindepth.com /their-protection.html (775 words)

	Encyclopedia :: encyclopedia : Fundamental breach (Site not responding. Last check: 2007-10-30)
		At the Court of Appeal level in Photo Productions Ltd. v.
		Securicor Transport Ltd. [1978] 1 W.L.R. Lord Denning championed the Rule of Law doctrine and extended the rule in Suisse Atlantique case to apply to all exemption clauses.
		However on appeal to the House of Lords Lord Wilberforce effectively overturned the Rule of Law doctrine and instead maintained a strict Rule of Construction approach whereby a fundamental breach is found only through examining the reasonable intentions of the parties at the time of the contract.
	www.hallencyclopedia.com /Fundamental_breach (328 words)

	"Pennsylvania Superior Court, Sitting En Banc, Rules That The Phrase "Sudden And Accidental" In The Standard Pollution ...
		Liberty Mutual denied those requests, contending that under the pollution exclusion clause contained in its policies, it was not required to provide such coverage because the pollution at issue was not caused by a "sudden and accidental event," but rather was caused by a gradual process.
		Regarding Sunbeam's breach of contract claims, the trial court concluded that the phrase "sudden and accidental" contained in the pollution exclusion was patently unambiguous and that therefore, extrinsic evidence would not be considered to establish a latent ambiguity.
		The court in Madison determined that the language of a similar pollution exclusion clause at issue in that case was unambiguous, and therefore, extrinsic evidence related to the historical context in which that clause was approved through the insurance regulatory process, should not be considered when interpreting its meaning.
	www.hklaw.com /Publications/Newsletters.asp?IssueID=140&Article=674 (1188 words)

	International Plywood (Site not responding. Last check: 2007-10-30)
		It is expressly stipulated that the condition, warranty, term or representation is agreed or is made and is to apply and notwithstanding this clause.
		If delivery of the goods is delayed at your request for more than 30 days after the date named by the Company for delivery the Company will be entitled to increase the price of the goods if appropriate to the effective price then being charged for like goods at the actual date of delivery.
		In the event of any disposal of the goods by you, the proceeds of sale shall be held by you in trust for the Company but you shall be entitled to retain for yourself therefrom any excess from the amount outstanding under this or any other contract.
	www.plywooduk.com /terms.html (880 words)

	DLR: Court Reinstates Wal-Mart Workers’ Lawsuit Challenging Union Exclusion Clause in Plans
		In reversing a lower federal court’s dismissal of the lawsuit, the three-judge appellate panel said the district court erred when it found it lacked jurisdiction over the ERISA claims because such claims were preempted by the National Labor Relations Act.
		In February 2003, an administrative law judge concluded that the union exclusion clause violated Section 7 and 8(a) (1) of NLRA.
		In addition, the court said the workers’ lawsuit was not rendered moot by the fact that Wal-Mart has since revised the union exclusion clause.
	www.teamster.org /06news/hn_060123_1.asp (707 words)

	Why You Should Oppose UCITA
		Clauses like these are enforceable in traditional, negotiated licenses, and they are used to block magazine reviews.
		The exclusion clause in a shrink-wrapped software contract might be conspicuous on its page if it is set apart from the rest of the text by being in all capital letters.
		47 UCC Section 1-201(10) “‘Conspicuous’: A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it.
	www.badsoftware.com /claw2000.htm (8329 words)

	UKMedix \| Terms and Conditions
		Nothing in this Clause 7.2 is to be read as restricting the operation of Clause 4.1.
		If you fail to give notice in accordance with this clause, the Products shall be conclusively presumed to be in all respects in accordance with the order and free from any defect that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly.
		Without prejudice to Clauses 7, 9 or 15, we need not entertain any query made thereafter.
	www.ukmedix.co.uk /termsconditions.cfm (3042 words)

	California Historian
		Since the main players in the battle over the Japanese exclusion clause came from the private sector, a study of their activities will shed new light on how non-governmental groups can influence American foreign relations.
		The author focuses primarily on a small group of east coast clergy led by Sidney Lewis Gulick, a Congregational missionary, antiwar activist and former missionary to Japan.
		The author examines the Japanese side of the issue as well and how anti-Japanese legislation, particularly exclusion without being assigned a quota, contributed to increase anti-American hostilities in Japan.
	www.californiahistorian.com /reviews/br-japanese-pride.html (485 words)

	The Official Yamoa Powder Website - Terms & Conditions
		The Supplier shall not owe the Buyer any duty of care under Clause 6.3 and shall not be liable to the Buyer for any loss, damage or deterioration of the Goods during storage.
		9.11 Without prejudice to any other provision of this clause 9, the Supplier will not be in breach of the terms of the Contract for any delay in performing, or failure to perform, its obligations under the Contract if that delay or failure was due to any cause or circumstance beyond the Supplier's reasonable control.
		Unless the context otherwise requires, any expression which is defined in Incoterms shall have the same meaning in these Conditions, but if there is any conflict between Incoterms and these Conditions, these Conditions shall prevail.
	www.yamoapowder.com /Termsandconditions.htm (2429 words)

	Insurance Life Policy Suicide
		Special provisions apply, including a suicide clause wherein the policy becomes … The insurer (ie, life insurance company) prices the policies with an …
		Life insurance policy's suicide exclusion does not apply where insured was killed at her own request
		The Maryland Court of Appeals held that a life insurance policy provision excluding coverage if the policyholder died by suicide does not apply where an insured's friend killed her at her request.
	www.cpca.net /insurance-life-policy-suicide.html (545 words)

	AIMU Extended Radioactive Contamination Exclusion Clause with U.S.A. Endorsement
		This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
		In no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to by or arising from
		The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
	www.aimu.org /radioprint.htm (214 words)

	Shouldn't the pollution exclusion clause in my property policy apply to my claim of indoor contamination?
		Shouldn't the pollution exclusion clause in my property policy apply to my claim of indoor contamination?
		This is a debatable area, primarily because pollution is man made and mold is not.
		Courts are reluctant to classify mold as a pollutant within the usual meaning of the pollution clauses.
	injury.freeadvice.com /injury_help.php/148_152_711.htm (229 words)

	Casino News & Articles - April 20, 2007
		Bwin has changed its strategic approach as a result of the US legislation and the actions of European monopolies against it, and the company says that with a similar legal framework likely in the near future, the resulting savings should be reflected in first quarter 2007 figures.
		The company said the Placanica ruling by the European Court of Justice in March also confirmed that the complete exclusion of betting and gaming providers by EU member states went beyond what was necessary to achieve those states’ intended objectives of protecting the public from moral and social ills.
		Bwin said it was doubtful the state gaming monopolies were compatible with European Community law and that they were almost exclusively geared towards generating revenues for the state and were therefore not justified by “compelling reasons” of public interest.
	casinocashjourney.com /casino_news.htm (11733 words)

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