Contractual Estoppel

Page 189


Limits: Controls over exclusion clauses

Limits: Controls over exclusion clauses

6.01 This chapter considers applicability to contractual estoppel of common law and statutory controls over exclusion of liability by contract. Its focus is on the argument, raised in the context of cases where contractual estoppel was relied on to answer actions in misrepresentation or breach of duty of care, that contractual terms which raise the estoppel should be treated in the same way as exclusion clauses.1

A check on freedom of contract

6.02 At common law, freedom of contract is a

general principle, of which the underlying assumptions are that persons entering into contracts are of equal bargaining power and read and understand what they sign.2

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