UGC Approved Journal no 63975(19)

ISSN: 2349-5162 | ESTD Year : 2014
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Published in:

Volume 9 Issue 3
March-2022
eISSN: 2349-5162

UGC and ISSN approved 7.95 impact factor UGC Approved Journal no 63975

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Published Paper ID:
JETIR2203512


Registration ID:
321661

Page Number

f98-f103

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Title

Validity of Exception Clauses in Standard Form Contracts: A Critical Analysis

Abstract

Standard form contracts are used very commonly by big commercial organizations, Governments and its instrumentalities, public corporations, banks and insurance companies. Standard form contracts have pre-printed and pre-drafted terms and conditions and have become common in almost every branch of industry and commerce, consumer contracts, employment, hire-purchase, insurance, travel and courier services etc. However the contracts entered by these big organizations with the individuals or consumers are not at equal footing, one party i.e. the consumer is bound to sign on the dotted line with no opportunity for that party to negotiate over the terms and conditions of the contract at all. The principles which came out from this concept have been applied in a society in which freedom of contract has become in many respects more fictitious, imaginary. The individual has a legal right to choose to enter into a contract or not to make a contract. More and more such transactions have consisted in the presentation by one side to the other of standard terms and conditions. This problem of standard forms is multiplied by use of exemption and exclusion clauses in a language which is Greek to a common man. These exemption clauses are used as a side gate by the stronger parties to escape from their liabilities. Under Indian Contract Act, 1872 there is no specific provision, which deals with standard form contract. Law Commission under its 199th report has emphasized the need of insertion of specific provision relating to standard form contracts. But this step from legislatures is still awaited

Key Words

Standard form Contracts, Exemption Clauses, Interpretation, Conditions

Cite This Article

"Validity of Exception Clauses in Standard Form Contracts: A Critical Analysis", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 3, page no.f98-f103, March-2022, Available :http://www.jetir.org/papers/JETIR2203512.pdf

ISSN


2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"Validity of Exception Clauses in Standard Form Contracts: A Critical Analysis", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 3, page no. ppf98-f103, March-2022, Available at : http://www.jetir.org/papers/JETIR2203512.pdf

Publication Details

Published Paper ID: JETIR2203512
Registration ID: 321661
Published In: Volume 9 | Issue 3 | Year March-2022
DOI (Digital Object Identifier):
Page No: f98-f103
Country: , , .
Area:
ISSN Number: 2349-5162
Publisher: IJ Publication


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