First Principles of Business Law

Question 9.

Assuming Miles succeeds in establishing that Peter is liable for Negligence, does the exclusion clause in the contract limit the amount that can be claimed in an action based on Negligence?

 (a) The exclusion clause in the contract would limit the amount that can be claimed in an action based on Negligence.

(b) It is not certain to what extent the court might give effect to any particular exclusion clause.

(c) The exclusion clause in the contract would not limit the amount that can be claimed in an action based on Negligence.

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