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The Exemption Clause from Contractual Liability by Dr. Ahmed Muflih Khawaldeh

The Exemption Clause from Contractual Liability by Dr. Ahmed Muflih Khawaldeh

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Dar Al Thaqafa

Liability, in general, is the duty to bear the damages caused by a person to others through their actions. This duty may arise from a violation of a legal rule, resulting in legal liability, or it may stem from a violation of a religious, moral, or political rule, resulting in religious, moral, or political liability, respectively.

Legal liability can be international if it involves a violation of the rules of public international law, constitutional if it involves a violation of a constitutional rule, criminal if it involves a violation of a criminal rule, and finally, civil liability if it involves a violation of a rule of civil law.

Civil liability, in turn, can be either contractual liability, resulting from a breach of a contractual obligation, which presupposes the existence of a contract and an obligation that has been breached, or tortious liability, the second type of civil liability, which results from the violation of a standard of conduct that causes harm to others.

While the contract has been of paramount importance in legal studies, the subject of civil liability is also one that scholars have tirelessly addressed. Among the topics that have garnered significant interest are the conditions and agreements related to liability, which aim to either cancel, limit, or intensify it. In the first case, it is a clause of exemption from liability; in the second, they are limiting conditions; and in the latter, they are aggravating conditions.

Is it legally and logically valid for a person to absolve themselves of their liability through a prior agreement before it occurs? This is the question that liability agreements or exemptions from it have raised and continue to raise.

The answer undoubtedly involves jurisprudence of great importance to legal theory and human behavior. From a logical standpoint: isn't liability the corollary of freedom? If so, whoever is free must be responsible, so how can one be absolved of responsibility? From a legal standpoint: doesn't canceling liability represent an escape from what the will intended? It is not new to say that a contract is the product of will, and that when a person "wills" to be bound, it is not acceptable, at first glance, for them to evade the consequences of breaching that obligation.

  • ISBN: 9789957166090
  • Weight: 0.600 kg
  • Dimensions: 17x24 cm
  • Paper: White
  • Pages: 232
  • Year of Publication: 2019
  • Binding: Hardcover
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