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The federal law in question includes a religious exemption clause.
An exemption clause may, contrary to appearances, have little or no effect.
Until the 1970s there was no statutory control upon exemption clauses.
In the present chapter we shall consider terms other than exemption clauses.
On the other hand it is not acceptable to give up the passport exemption clause which has worked for decades.
Civil liability under the Act cannot be excluded or restricted by any exemption clause.
As a defence, the Council pleaded an exemption clause printed on the back of the ticket.
But in at least one case, a mandatory policy without an exemption clause withstood a legal challenge.
The sellers tried to rely upon the exemption clause.
The difficulty here is that most exemption clauses are vague and ambiguous.
The courts, however, did not very much like this sort of result and, when interpreting an exemption clause, used to adopt a hostile approach.
(2) Whether the customer received an inducement to accept the exemption clause.
The temporary force majeure exemption clause was terminated in October 2011.
Exemption clauses are to be interpreted the same as any other term regardless of whether a breach has occurred.
This means that, even though an exemption clause on its wording apparently provides a defence, it may nevertheless be ineffective.
Unlicensed Engineers usually work as employees for a company and are governed under the industrial exemption clause.
(4) Whether the customer could have found another party who would have contracted without the exemption clause.
Here it seems hard to say that the party seeking to rely on the exemption clause is contracting on his own written standard terms.
"Preventing embarrassment is not an exemption clause."
Thus three requirements must be satisfied before a course of dealing can incorporate an exemption clause into a later contract:
It simply curbs the effectiveness of exemption clauses.
Secondly, an exemption clause may be partially effective if it is shown to be to some extent reasonable.
They may have then negotiated from these to produce a final contract in which the other party introduced the exemption clause in question through negotiation.
The legislation does not currently include an exemption clause for any class of practitioner (e.g., academics, or government employees).
First the court would sometimes place a strained or tortured meaning on the words of the exemption clause in order to deprive it of effect.