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Exclusion Clause - Coggle Diagram

- - - - Document must be an integral part of a contract
        
        which could be expected to contain terms
      - To test if the EC is effective, objective test can be applied, which asks the question "would a reasonable man assume that the document is to be a contractual document"
        
        If the answer is "yes", the EC is effective ;
        if the answer is "no", the EC is ineffective, the document is merely serving as an acknowledgement of payment
    - - It must be communicated before or at the time of contract
        
        EC must be reasonable & visible
        
        Reasonable steps must be taken to bring EC to the notice of the other party
    - - EC can be incorporated byways of previous dealings
- - - - Oral Representation
        
        EC will be ineffective if a subsequent verbal warranty is made after a written document containing EC
        
        If there's any misrepresentation, party signing the agreement is a victim (EC will be invalid)
      - EC cannot be used to defeat the main purpose of contract
        
        EC cannot be too wide/ remote