In relation to exclusion clauses there is a presumption of equality of bargaining power in commercial contracts.

Question

Quizplus · Accepted Answer

This is true. Courts generally assume that parties to commercial contracts negotiate on a relatively equal footing and are knowledgeable about the terms and conditions included in their agreements, including exclusion clauses. However, the presumption of equality may be challenged in certain circumstances, such as where one party has significantly greater bargaining power or the exclusion clause is particularly onerous or unexpected.

In Relation to Exclusion Clauses There Is a Presumption of Equality