LAWS 3003 Lecture Notes - Lecture 9: David Macbrayne, Vending Machine, Dow Chemical Company
Document Summary
Exempting a party from liability for not performing their duties indemnify. If the exemption clause was incorporated on interpretation or on construction, does it effectively rely on it? (cid:1) Are there any overriding factors which limit or preclude its application (cid:1) (cid:1) 3 different techniques for incorporating terms into a contract. She won at the end of the day because the court also found that the contract had been educed by a misrepresentation. Theres an exception to the general rule (cid:1) Flew to vancouver, rented a car signed the agreement. Drank a little, drove, hit a pole and pleaded guilty to drunk driving at the advisement of his counsel even though he said he was not guilty. Tilden is charging him for the cost of his damages, then he said he didn"t know what he was signing. The court of appeal said mr. clendenning is not responsible because he did not receive any notice of the clause.
