Exclusion Clauses
PRIVATE LAW DEPARTMENT
CLINICAL EXTERNSHIP REPORT
REPORT TITLE: RESTATEMENT OF THE DOCTRINE OF EXCLUSION CLAUSES IN CONTRACTS
NO. OF WORDS: 5,030 WORDS
Table of Contents INTRODUCTION 3 ELEMENTS OF A CONTRACT 4 Offer 4 Acceptance 4 Intention to Legally Bind 4 Consideration 4 TERMS OF A CONTRACT 5 Collateral Contracts 6 Conditions or Warranties 6 EXCLUSION/EXEMPTION CLAUSES 7 Exclusive Remedies Clauses 9 JURISPRUDENCE ON EXCLUSION CLAUSE 10 Privity of Contract 14 RELEVANCE OF THE TOPIC TO THE EXTERNSHIP PROGRAM 14 KENYA PORTS AUTHORITY 15 CONCLUSION 19 BIBLIOGRAPHY 20 BOOKS 20 ARTICLES 20 STATUTES 20 INTERNET SOURCES 20
INTRODUCTION
The attitude of human being towards each other presupposes that “no man is an island”. This therefore necessitates a peaceful co-existence between the citizenry. The state is legally obliged to develop rules within which the interplay between collective private individual rights vise vie a particular right of an individual can be promoted, fulfilled, and protected. These are the basics of international obligations of a state within or without its territory. The pucta sunt servanda principle vetoes any excuse in non-fulfillment of the obligation. Through such rules people can enter into private arrangement through contracts or otherwise to fulfill their aspiration. A contract as a means to that end and not the end itself is a legally binding agreement between parties who create it in order to form a relation enforceable by law.
Such agreements are drafted in cases of employment, purchase goods, machinery or the provision of services, for an agreed consideration (price/value). They can be in written form or verbal, and in some cases and often enough in both. However, where a contract is formally written and signed, it is assumed that whatever is stipulated as the terms is final regardless of what was verbally agreed. This is the parole evidence rule but just like any other legal
CLINICAL EXTERNSHIP REPORT
REPORT TITLE: RESTATEMENT OF THE DOCTRINE OF EXCLUSION CLAUSES IN CONTRACTS
NO. OF WORDS: 5,030 WORDS
Table of Contents INTRODUCTION 3 ELEMENTS OF A CONTRACT 4 Offer 4 Acceptance 4 Intention to Legally Bind 4 Consideration 4 TERMS OF A CONTRACT 5 Collateral Contracts 6 Conditions or Warranties 6 EXCLUSION/EXEMPTION CLAUSES 7 Exclusive Remedies Clauses 9 JURISPRUDENCE ON EXCLUSION CLAUSE 10 Privity of Contract 14 RELEVANCE OF THE TOPIC TO THE EXTERNSHIP PROGRAM 14 KENYA PORTS AUTHORITY 15 CONCLUSION 19 BIBLIOGRAPHY 20 BOOKS 20 ARTICLES 20 STATUTES 20 INTERNET SOURCES 20
INTRODUCTION
The attitude of human being towards each other presupposes that “no man is an island”. This therefore necessitates a peaceful co-existence between the citizenry. The state is legally obliged to develop rules within which the interplay between collective private individual rights vise vie a particular right of an individual can be promoted, fulfilled, and protected. These are the basics of international obligations of a state within or without its territory. The pucta sunt servanda principle vetoes any excuse in non-fulfillment of the obligation. Through such rules people can enter into private arrangement through contracts or otherwise to fulfill their aspiration. A contract as a means to that end and not the end itself is a legally binding agreement between parties who create it in order to form a relation enforceable by law.
Such agreements are drafted in cases of employment, purchase goods, machinery or the provision of services, for an agreed consideration (price/value). They can be in written form or verbal, and in some cases and often enough in both. However, where a contract is formally written and signed, it is assumed that whatever is stipulated as the terms is final regardless of what was verbally agreed. This is the parole evidence rule but just like any other legal
Bibliography: BOOKS R.G Lawson, ‘Exclusion Clauses & Unfair Contract Terms’ (2005); Thomson & Maxwell ARTICLES The Kenya Gazette (Kenya, Nairobi) 30 December, 1999 Sales of Goods Act, Cap 31 of 2003 (2012 Revised Edition), Laws of Kenya, Sections 16 and 55 Kenya Ports Authority Act, cap 391 of 1978, Laws of Kenya, Section 62(1) INTERNET SOURCES http://www.kenyaportsauthority.com (accessed 5th April, 2013) http://www.kenyalawreports.org (accessed 5th April, 2013) http://businessdictionary.com (accessed 12th April, 2013) http:// www.northwaleslawsociety.com (accessed 18 April, 2013) -------------------------------------------- [ 1 ]. Curtis v Chemical Cleaning Co (1951)1 KB 805 [ 2 ] [ 3 ]. 1964, AC 446 [ 4 ] [ 5 ]. Astrazeneca UK Ltd vs. Albemarle International Corporation & Another (2011) EWHC 1574 [ 6 ] [ 10 ]. Chatricha vs. Pumchand & Sons (1959) EA 746 [ 11 ] [ 12 ]. 1949, 1 KB 532 [ 13 ] [ 14 ]. 1972, AB 71 [ 15 ] [ 16 ]. (1983) 1 ALL ER [ 17 ] [ 22 ]. 1956,1 WLR 936 [ 23 ] [ 26 ]. 2012, eKLR [ 27 ]