This free course explores judicial and legislative approaches to exclusion clauses. In other words, contract terms which seek to limit or exclude liability for loss and damage. This course begins by discussing when and why such exclusion clauses are used before moving on to consider the role of the judiciary in limiting the inclusion and scope of these terms in contracts. It then discusses the development of consumer protection law. This includes an analysis of current legislative provisions and recent reforms. The course then concludes with an evaluation of the balance struck between the classic idea of freedom of contract and the need for consumer protection.
This OpenLearn course is an adapted extract from the Open University course.