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The EXCLUSION CLAUSEOF CONTRCATUAL LIABILITY UNDER BOTH THE ENGLISH AND IRAQI LAW | ||
| journal of legal sciences | ||
| Article 1, Volume 32, Issue 1, 2017, Pages 257-286 | ||
| Author | ||
| Kadhim Kareem | ||
| Abstract | ||
| Under Iraqi law and English law, the rules of contractual liability are not of public order. As a resul, the parties of contract can agree to amend these rules by including the contract an exclusion clause of contractual liability in favor of one of contractors in specific cases. Such this clause often involves a balancing of the competing interests of consumer protection and freedom of contract. The exclustion of contractual liability, under the Iraqi law and English law, can be totally or limited. However, the conditions of validity of exclusion clauses of contractual liability are not identical under the Iraqi law and English Law. | ||
| Keywords | ||
| Exemption; Nodal responsibility | ||
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