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International Journal of Research in Social Sciences
Year : 2016, Volume : 6, Issue : 11
First page : ( 494) Last page : ( 506)
Online ISSN : 2249-2496.

The critical analysis in rule of interpolation of exemption clauses in the standard form of contract

Savadkouhi Sadegh Habibi*,  Ramesh**

*Research Scholar, Department of Law, International Trade Law Studies, University of Mysore, Manasagangotri, Mysore, Karnataka-India

**Associate Professor in Law, Department of Law, University of Mysore, Manasagangotri, Mysore, Karnataka-India

Online published on 24 April, 2018.

Abstract

Today, common commercial transactions be it the transferring servicing or the transmission of goods, are universally conducted on the basis that the proprietor will not be responsible for any personal injury or for any damage to or loss of the property of his customer. Always, the proprietor is in the superior bargaining position and uses a standard form of contracts which the customer needs to accept or freeing the service he seeks. Recently, Exemption clauses have demonstrated to be one of the most absorbent areas of contract law. It is an area that has prodded legislation, litigation and often requires a balancing of the freedom of contract and competing interests of consumer protection. The main aim of this paper seeks to discuss the interpolation of exemption clauses intothe standard form of contracts and considering of the court'sdecisions to the consumer protection. The main question of this study is whether the exemption clause has become a term of the contract?

The method used in this study is a descriptive research method which carried out in the critical analysis in rule of interpolation of exemption clauses in the standard formof contract. The sources of this paper are based on the research articles, books, Acts and regulations and referenced in chosenregional and international journals. The general concern with exemption clause is their impressive application that is agreeing to fair acts and legal proceedings to support not just the freedom of contract but the consumers’ protection and traders from one another.

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Keywords

Interpolation, Commercial Transactions, Exemption Clauses, Standard Form of Contract, Consumers ’Protection.

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