Under common law,the courts have been willing to recognise the validity of an exclusion clause in a contract if:

Question

Quizplus · Accepted Answer

Option (A) is incorrect because if the weaker party had agreed to the clause due to an unfair bargaining position, it would not be considered a valid contract as it violates the principles of contract law.

Option (B) is the correct answer since if the weaker party had previously entered into similar agreements with similar exclusion clauses, it shows that they had knowledge of the clause and accepted it willingly, making the clause valid.

Option (C) is incorrect because a clause cannot be considered valid solely because it benefits the dominant party.

Option (D) is incorrect as options (A) and (C) are incorrect.

Under Common Law,the Courts Have Been Willing to Recognise the Validity