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Exclusion and Exemption Clauses. 166-170, 278, 281, 288, 355-356 (i) The position at Common Law. An exclusion clauses is a term of the contract which limits or excludes a liability from one party which would otherwise be subjected to. The function of an exclusion clause is to limit or exclude liability for breach of an express or implied term or even negligence in a contract. The court approach to interpreting such a clause is to interpret them narrowly. (a) Signed documents. L'strange v. Graucob (166) (b) Unsigned documents. With an unsigned documents, an exclusion clause will be binding only if the clause was brought to the notice of the customer. This notice must be reasonable notice and is determined objectively by the courts. Parker v. S.E. Railway (167) Thompson v. LMS Railway Co. Baltic Shipping v. Dillon Thoston v. Shoe Lance Parking (c) Contractual documents. The document containing the exclusion clause must be of a contractual nature before the courts will hold the......

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