Ltd Driver
Ltd Driver

how effective is this exclusion clause(in add. details), with reference to relevant law?
MM Ltd hires out coaches and drivers to local businesses. Showmagic Ltd hired a minibus & driver from Mm. The minibus crashed due to driver negligence, injuring several passengers and damaging computer equipment. M has refused to accept liability and points to the clause written on the back of the sales document it had given to Showmagic
"Mm do not accept any liability whatsoever for loss no matter howsoever caused'
Not very effective.
These types of clauses are frowned upon by courts. They must generally be a clear part of the original contract. When they are particularly harsh and tend to operate against public policy (like a complete liability waiver despite being at-fault) then they must be conspicuously marked, in bold type for example.
Putting such a clause on the back of the document so it may not be seen by the person signing the contract certainly is not conspicuous. Because of this courts tend to construe the clause AGAINST the person who is benefited by it, especially if they also wrote the contract. If the thing that goes wrong which a person is claiming for is outside the scope of the agreement as contemplated by the parties, then the exclusion clause may not operate either. This is basic contract interpretation...you generally cannot "sneak" an element into the contract which is severely detrimental to the other party such as this one. Both parties must KNOW what they are contracting for when they execute an agreement. Thus Courts would generally not support MM Ltd.
Citations and law vary by state. That part of your homework you'll have to do yourself.
![]() |
![]() HONMA JAPAN 50th Anniversary Limited Edition DRIVER USED US $1,700.00
|
![]() Katana IZU MAX 55 Hi Limited Edition driver 10deg Regular US $1,569.00
|
![]() TaylorMade R11 9 TP Tour Preferred Driver Miyazaki C Kua LIMITED Edition 39 S US $429.99
|
![]() Callaway Diablo Octane Black Driver Limited Edition US $349.99
|
![]() NEW LIMITED EDITION COBRA ZERO LIMITS ZL ENCORE BLACK 115 DRIVER REGULAR US $339.99
|
![]() NEW LIMITED EDITION COBRA ZERO LIMITS ZL ENCORE BLACK 85 DRIVER STIFF US $339.99
|
![]() NEW LEFTY LIMITED EDITION COBRA ZERO LIMITS ZL ENCORE WHITE 105 DRIVER REG US $339.99
|
![]() Nike VR Pro Limited Edition Forged Driver 95 Stiff 2012 RH NEW 2501 US $329.00
|
![]() Nike VR Pro Limited Edition Forged Driver 105 Stiff 2012 RH NEW 2504 US $329.00
|
![]() COBRA 2012 ZL ENCORE WHITE 105 DRIVER REGULAR FUJIKURA MOTORE LIMITED EDITION US $319.99
|
![]() COBRA 2012 ZL ENCORE WHITE 115 DRIVER REGULAR FUJIKURA MOTORE LIMITED EDITION US $319.99
|
![]() Cobra S3 White Limited Edition Driver RH 105 Regular Flex US $299.99
|
![]() Cobra S3 White Limited Edition Driver RH 105 Stiff Flex US $299.99
|
![]() Nike VR Pro Ltd Edition Forged 85 Driver Diamana Ahina 65 S Authentic NEW US $279.99
|
![]() Nike VR Pro Ltd Edition Forged 95 Driver Diamana Ahina 65 S Authentic NEW US $279.99
|
![]() Nike VR Pro Ltd Edition Forged 105 Driver Diamana Ahina 65S Authentic NEW US $279.99
|
![]() Nike VR Pro Ltd Edition Forged 105 Driver Diamana Ahina 65R Authentic NEW US $279.99
|
![]() Nike VR Pro Ltd Edition Forged 95 Driver Diamana Ahina 65 R Authentic NEW US $279.99
|
![]() New Nike VR Pro Limited Edition Victory Red 95° Driver Diamana Regular 2012 US $265.55
|
![]() NIKE VR PRO Ltd Edition DRIVER GOLF CLUB NEW 85 STIFF FLEX NEW US $259.98
|
![]() NIKE VR PRO Ltd Edition DRIVER GOLF CLUB NEW 95 STIFF FLEX NEW US $259.98
|
![]() Cobra MRH Long Tom Raw Driver 9 Degree Stiff Limited Edition VERY RARE BRAND NEW US $255.00
|
![]() LIMITED EDITION RE RELEASE FUJIKURA ROMBAX 7V05 X STIFF DRIVER SHAFT US $250.00
|
![]() NEW 2012 NIKE GOLF VR PRO LIMITED EDITION DRIVER RH 85 AHINA 65 STIFF SHAFT US $249.99
|
![]() NEW 2012 NIKE GOLF VR PRO LIMITED EDITION DRIVER RH 85 AHINA 65 X STF SHAFT US $249.99
|
![]() NEW 2012 NIKE GOLF VR PRO LIMITED EDITION DRIVER RH 95 AHINA 65 STIFF SHAFT US $249.99
|


US $1,700.00
























