Limitations in contracting exoneration clauses: Comparative legal analysis

Abstract

The author discusses how the autonomy of the will of the contracting parties can be limited in terms of exoneration clauses. The introductory part of the paper defines exoneration clauses and presents the advantages as well as the risks they might cause. The main part of the paper presents the limitations of contracting exoneration clauses in French, Swiss and English law. Finally, the author analyses the differences between the ways in which the presented comparative legal systems set limits in terms of contracting exoneration clauses. She concludes that French and Swiss law prescribe restrictions with regard to the content of the clause, while English courts take into account the procedural aspect, i.e. the behaviour of the contracting parties while negotiating.

Keywords

• exoneration clauses
• exemption clauses
• contractual liability
• exclusion of liability
• limitation of liability