文档介绍：Exemption clause
组长:李晶
成员:庄智强、张嘉杰、谢睿
何芷晴、陈醒君、于若凡
刘珂兵、于晶涵、劳建晖
11级国金4班合同法10组
conclusion
role play
definition
definition
A clause which purports to exclude, wholly or in part, liability for a breach of contract or a tort.
Exclusion clause: a total exclusion
Limitation clause: a partial exclusion
mon law requirements
(1)The term must be in corporated into the contract
(2)The wording must cover what actually happened
Contract Terms Act (UTCA) 1977
Clauses which are void

The meaning of “reasonable”

Clauses which are valid only if reasonable
on Unfair Terms in Consumer Contracts 1999
Coverage
Fairness
Remedies
role play
Background
A mother(claimant) made an agreement with a training agency(defendant )that his son would join
in the personalize one-to-one class which was offered by the training agency for 250 classes and 100 yuan for each finishing the classes,her child scored 560 in the final exam which was 29 points lower than his midterm exam, so the mother(prosecution) thought that the training agency (defendant )failed to perform his obligations and asked the training agency (defendant )pensate for her expenses.
Defence prosecution(key word)
1、defendant ···oral promise···fail to realise···the loss of time
2、One-time pay all the expenses ··· perform his duty
3、contain a lot of untrue advertisements and trailers ···entice ···to sign up for the agreement
4、didn't warn the existence and the important of the Exclusion clause
5、unclear in the clause
6、oral promise :fail to reach the expection···pay back a part of money(reference Ltd(1970) )
7、the quality ···dissatisfied