In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999.
[7] In terms of negligence, the courts have taken the approach that it is unlikely that someone would enter into a contract that allows the other party to evade fault based liability.
The decision in Canada SS Lines Ltd v. The King[11] held that: In Australia, the four corners rule has been adopted in preference to the idea of a "fundamental breach".
Even if terms included in a contract are deemed to be exclusion or exemption clauses, various jurisdictions have enacted statutory controls, to limit their effect.
Under the Australian Consumer Law, section 64 limits exclusion clauses from rendering them from being ineffective against the guarantees of the same act.
[clarification needed] In the United Kingdom, the Unfair Contract Terms Act 1977 renders many exemption clauses ineffective.