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Welcome to the contractor lecture series at the University of the West Indies faculty of law at Cave Hill my name is Hans monkey and today's lecture is on exclusion clauses here's a brief overview of what we're going to be looking at first I'll introduce you to the general notion of exclusion clauses, and then we look at the two constituent elements of exclusion clauses first the inquiry of whether and exclusion clause has been incorporated into the agreement and secondly whether the exclusion Clause is clear enough the clarity of it lastly I'll offer a brief summary in a nutshell exclusion clauses are clauses that seek to limit liability or exclude liability in contractual situations now we find different terms for the same thing, so sometimes they are called exclusion clauses sometimes they're called exemption causes sometimes they're called limitation closes essentially all of those are the same thing although mind you that when you go on and do other subjects such as tax law you'll find there are differences between the term exclusion and exemption but for our purposes we can use the term exclusion clauses to describe all of those types of clauses now these clauses would usually appear in commercial agreements or in consumer agreements so if you go and buy something at the shop let's say you go on buy a consumer product such as a new TV the shop may bind you to certain terms and conditions of sale and for instance they limit their liability in terms of any defects of that TV and so on and so forth and so those are exclusion clauses which would prevent you from suing the shop or returning the TV perhaps or claiming compensation in certain circumstances depending on of course what the clause says the courts however even where there are these clauses can intervene they can lessen the effects of such clauses based on common law rules which we'll look at another way that exclusion clauses can be weakened or in fact mitigated is by way of legislation there are different types of legislation that addressed exclusion clauses the sales of goods acts are one example consumer protection acts things like that so for instance in the example related to the TV that we bought in a shop under most sales of goods acts regardless of what the exclusion clauses say so regardless of what the shops term and conditions say a consumer is entitled to a minimum warranty period just as an example leaving aside this possibility that legislation intervenes and either nullifies an exclusion clause or mitigates it in some way leaving that aside in order for an exclusion clause to be valid we have to satisfy two requirements first it is of crucial importance that an exclusion clause is in fact incorporated into the agreement incorporated into the contract, so that's the first thing we're going to look at and then once we're satisfied that indeed an exclusion clause is part of a contract has been incorporated we have to look at the exclusion clause itself to make sure that...