Control of exemption clauses

Need to know

What you need to know

• Incorporation is the first hurdle for an exemption clause to be valid.
• Three methods: signature, reasonable notice, and course of dealing.
• The 'signature rule' from *L'Estrange v Graucob* is a powerful tool for incorporation.
• Notice must be given before or at the time of contract formation.
• A course of dealing must be both consistent and regular to be effective.

Explanation

Control of exemption clauses

1. Incorporation is the first hurdle for an exemption clause to be valid.
2. Three methods: signature, reasonable notice, and course of dealing.
3. The 'signature rule' from *L'Estrange v Graucob* is a powerful tool for incorporation.
4. Notice must be given before or at the time of contract formation.