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EXCLUDING OR LIMITING LIABILITY IN COMMERCIAL …

v F W Dahlstroem & Co [1931] 1 KB 247 at 252-253; Karsales (Harrow) Ltd v Wallis [1956] 1 WLR 936 at 940. For that reason, the promisor has often been treated as subject to the burden of proof, to show that the exclusion clause is a defence which is applicable to a breach of duty (failure to perform) established without reference to the exclusion.

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