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analysis—and, indeed, it is rather insensitive—then such insensitivity is meant only to underline the rather indelicate problem which cases like these raise. After all, the plaintiffs in such cases are claiming that the arrival of the baby is ‘damage’ for which damages should be awarded. This is to reduce the whole issue to one of partimonial loss. Is this desirable? EXCLUSION AND LIMITATION CLAUSES
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Article 4:110 Unfair terms which have not been individually negotiated

(1) A party may avoid a term which has not been negotiated individually if, contrary to the requirements of good faith and fair dealing, it causes a significant imbalance in the parties’ rights and obligations arising under the contract to the detriment of that party, taking into account the nature of the performance to be rendered under the contract, all the other terms of the contract and the circumstances at the time the contract was concluded.