On 30/01/2009, brian <[email protected]> wrote: > > And sorry, one last point...be very, very able to distinguish > "exclusion" clauses from "limitation" clauses. The examiner isn't too > hot on this, but once asked a question directly on what the difference > is (i.e. thus telling students that there is a difference, and write > me an essay on it).
I saw that question and I couldn't really figure out where she wanted us to go with it. I mean obviously explain that one excludes liability altogether where the other one just limits it, and therefore the latter are less likely to be struck out by the courts ... but I couldn't figure out how we were supposed to get a whole essay out of it (actually I think it was half a question, but even so!). Then if you look at the examiner's report she wants you to talk about contra-proferentem and fundamental breach, which I would never have guessed from the wording of the question was what she was looking for... --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.ie/group/FE-1-Study-Group?hl=en-GB -~----------~----~----~----~------~----~------~--~---
