English Contract Law General Principles

Chitty categorises contractual exclusion clauses into three categories:…

“Exemption clauses may broadly be divided into three categories. First, there are clauses which purport to limit or reduce what would otherwise be the defendant’s duty, i.e. the substantive obligations to which he would otherwise be subject under the contract, for example, by excluding express or implied terms… Secondly, there are clauses which purport to exclude or restrict the liability which would otherwise attach to a breach of contract, such as the liability to be sued for breach or to be liable in damages... Thirdly, there are clauses which purport to exclude or restrict the duty of the party in default fully to compensate the other party, for example, by limiting the amount of damages recoverable against him, or by providing a time-limit within which claims must be made.”(245)…