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 offeree in a way that is proportionate to the potential harm that could be caused by the exclusion clause. This means that simply burying the clause in the fine print of a lengthy document will likely not be sufficient. The party relying on the clause should take steps to ensure that the offeree is aware of its existence and its potential impact.

To Rely on an Exclusion Clause in an Unsigned Contract