ABSTRACT
Hawkins, Standard Business Contracts. 2 Distinguish penalty clauses, which attempt to increase the obligations of the other party, and are
subject to different considerations: see post, para 27.25. 3 Clauses which achieve this object have been described by judges and text-writers as ‘exemption’,
‘exclusion’ or ‘exception’ clauses. These terms are used interchangeably; and this usage will be adopted here. See further Benjamin’s Sale of Goods (5th edn), para 13-001; and post, para 18.03.
