Textbook Notes (368,089)
Canada (161,636)
Commerce (379)
COMM 393 (60)
Chapter

Case Brief - Maloney v. Dockside Marine Centre Ltd. – EXCLUSION CLAUSE.docx
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Department
Commerce
Course
COMM 393
Professor
Patricia Mallia
Semester
Fall

Description
MaloneyvDocksideMarineCentreLtdEXCLUSIONCLAUSEFACTSContract contained exclusion clause that Dockside gave no warranties or conditions of any kind whatsoever on the Bayliner Maloney admitted not reading the contractMaloney argued fundamental breach in the contractoRepeated stalling Maloney learned of historic deficiencies in Bayliner and repairs while it was under warrantyISSUESAs a matter of interpretation does the exclusion clause apply to the circumstances established in the evidenceIf yes was the exclusion clause unconscionable at the time the contract was madeIf the exclusion clause is applicable and valid should the court nevertheless refuse to enforce the valid exclusion clause because of the existence of an overriding public policyL
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