Exclusion clauses exist for no other purpose than to deny consumer rights, and although in theory the consumer is free to determine whether or not the terms of a contract are acceptable, in reality without curbs on exclusion clauses the consumer would be denied even basic consumer rights. Exclusion clauses are curbed at four different levels:

1. by ensuring that clause in question cannot be relied on unless it has been incorporated as part of the contract between the parties; and

2. if the exemption or exclusion clause is incorporated into the contract then ensuring that the clause in question does in fact cover the event or matter on which the consumer is seeking to enforce his rights; and

3. if the clause is incorporated and does cover the event or matter forming the basis of the consumer’s grievance then ensuring that the clause is not unlawful under the Unfair Contract Terms Act 1977.

4. If the exclusion clause survives all these attacks then The Unfair Terms in Consumer Contracts Regulations 1994 (S.I 1994 No.1359) may render the exclusion clause ineffective for being “unfair”.