Void instances of Exclusion Clause (Comparative study)

Document Type : Research Paper

Author

PhD, Private Law, Shahid Beheshti University, Tehran, Iran

Abstract

In various legal Systems, with adoption of the validity of exclusion clause as a rule, in the exceptional instances for the reason of social importance of the matter and contrary to the public policy, exclusion clause is void. Thus, in the case of death; bodily injuries; deliberated breach of contract or legal duty ;gross negligence and deception imputed to party relying to exclusion clause, it is void; moreover; in the case of fundamental breach of contract or contrary to inherent requirement of contract ;exclusion clause is invalid.

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