Courts have generally held that an exemption clause will not excuse a fundamental breach.

Question

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Courts have established the principle that an exemption clause will not be able to excuse a fundamental breach of a contract. This means that if a party is guilty of a serious breach of the terms of an agreement, they cannot avoid liability simply by invoking an exemption clause. This principle helps to protect the interests of parties who may be vulnerable to unfair contract terms and ensures that contracts are entered into and performed in good faith.

Courts Have Generally Held That an Exemption Clause Will Not