Exclusion Clause and Unfair Contract Terms in Contract Law
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This article discusses the legal aspects of exclusion terms in contract law and the concept of unfair contract terms. Part A analyzes the applicability and legality of exclusion terms with the help of Parker v. The South Eastern Railway Co (1877) and Interfoto Picture Library Ltd v. Stiletto Visual Programmes Ltd [1989]. Part B discusses the Australian Consumer Law and the factors that determine whether a contract is a standard form of contract or not. It also analyzes the concept of unfair contract terms with the help of Director of Consumer Affairs Victoria v AAPT Ltd (Civil Claims) [2006] and Monroe Topple & Associates Pty Ltd v Institute of Chartered Accountants in Australia [2002].