To rely on an exclusion clause in an unsigned contract, a party must do what?
A) Specifically bring it to the attention of the offeree by means of a separate document
B) Bring it to the attention of the offeree in a way that is proportionate to the 'harm' that might be caused by the exclusion clause
C) Such an exclusion clause cannot be relied upon in an unsigned contract and invalid, irrespective of the efforts of the offeror
D) Bring it to the attention of the offeree orally, no form of written words will suffice

Question

Quizplus · Accepted Answer

In order to rely on an exclusion clause in an unsigned contract, the party must bring it to the attention of the other party in a way that is proportionate to the potential harm that may result from the clause. This means that the party must use clear and reasonable language to draw attention to the clause, and ensure that the other party fully understands the implications of the clause. A separate document may not always be necessary, but the party must take steps to ensure that the other party is aware of the presence and significance of the clause.

To Rely on an Exclusion Clause in an Unsigned Contract