ABSTRACT
[18.01] It is common, particularly in standard-form contracts (see para 11.08 ), to find that one of the parties (the profetens) has introduced into a transaction words purporting to avoid or restrict any liability that would otherwise accrue to him. 1 The profetens may purport to do so either by excluding or restricting his obligations, or by inserting a formula of words to discharge that obligation. Leaving aside the case of discharge by words ( paras 18.28 , et seq.), there must first be examined the effect of words designed to exclude or restrict either the obligation, or the liability of the proferens for failure to fulfil it. 2 This will begin with an examination of the effect of such clauses at common law ( paras 18.02 , et seq.) and then deal with statutory control of such clauses ( paras 18.09 , et seq.).
