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Abstract This commentary analyses Article 7.1.6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning exemption clauses. According to Art 7.1.6, a clause which limits or excludes one party's liability for non-performance, or which permits one party to render performance substantially different from what the other party reasonably expected, may not be invoked if it would be grossly unfair to do so. The possibility of striking down exemption clauses by virtue of Art 7.1.6 is an exceptional control mechanism. Art 7.1.6 acts as a specific safeguard against unfair exemption clauses. The scope of this provision applies not only to exemption clauses in standard terms, but also to individually negotiated exemption clauses. An exemption clause may not be invoked if it would be grossly unfair to do so. This commentary also discusses the legal consequences of an exemption clause being ‘grossly unfair’.
Title:
Description:
Abstract This commentary analyses Article 7.
1.
6 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning exemption clauses.
According to Art 7.
1.
6, a clause which limits or excludes one party's liability for non-performance, or which permits one party to render performance substantially different from what the other party reasonably expected, may not be invoked if it would be grossly unfair to do so.
The possibility of striking down exemption clauses by virtue of Art 7.
1.
6 is an exceptional control mechanism.
Art 7.
1.
6 acts as a specific safeguard against unfair exemption clauses.
The scope of this provision applies not only to exemption clauses in standard terms, but also to individually negotiated exemption clauses.
An exemption clause may not be invoked if it would be grossly unfair to do so.
This commentary also discusses the legal consequences of an exemption clause being ‘grossly unfair’.

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