31.   An important preliminary point is that the dividing line between an exclusion clause and a disclosure clause may be thin.

32.   As stated below, full disclosure is usually required, but if UCTA does not apply, an exclusion clause need only be clear.

33.   Even if an exclusion clause is subject to UCTA, it need only be reasonable.

34.   The company was bound by the representation and could only rely on the exclusion clause to exclude liability for damage to beads and sequins.

35.   If not, the reference to the terms should at least draw attention to the fact that the terms contain exclusion clauses.

36.   Indemnities An indemnity clause may be used to achieve the same effect as an exclusion clause.

37.   They therefore developed a number of rules to restrict reliance on exclusion clauses.

38.   Incorporation The first requirement for an exclusion clause to be effective at common law is that the clause must be incorporated into the contract.

39.   Those rules were largely developed in cases concerned with exclusion clauses, and they obviously apply here.

40.   Construction The general rules for the construction of contracts apply to exclusion clauses in just the same way as to other clauses.

n. + clause >>共 285
no-trade 16.30%
exclusion 4.55%
arbitration 3.19%
confidentiality 3.10%
buyout 2.73%
opt-out 2.55%
reserve 2.46%
incentive 2.28%
exemption 2.09%
gag 1.82%
exclusion + n. >>共 27
zone 77.40%
clause 10.00%
order 3.20%
hearing 1.20%
law 1.00%
criterion 0.80%
list 0.80%
proceeding 0.80%
violation 0.80%
issue 0.40%
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