41.   On occasion the courts have adopted artificially strict interpretations of exclusion clauses in order to deny their effect.

42.   Although both Gillespie and Smith concerned indemnities the same principles apply to exclusion clauses.

43.   The courts were generally reluctant to construe an exclusion clause as covering cases of breach of fundamental term or fundamental breach.

44.   It therefore appears that an exclusion clause can apply, even to cases of fundamental breach and breach of fundamental term.

45.   Where the Act does apply it seeks to regulate all the different types of exclusion clause which may be found in a contract.

46.   The nature of the control The Act subjects exclusion clauses to two types of control.

47.   The effect of exclusion clauses is principally a matter of construction of the contract.

48.   This exclusion clause was considered to be unreasonable on the basis of the following factors.

49.   Well, like for instance what about these exclusions clauses.

50.   The C.S.A. Co. in San Diego dropped the exclusion clause for three of its policies last month.

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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