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A party wishing to rely on such a clause must show that it was incorporated into the contract, and it covered the loss or damage suffered' (Doolan, 1999, p. 97).
Although it can be seen that Irish Rail appear to have an exemption clause that excludes their liability let's prove if it's been correctly incorporated into the contract in this incident.
A number of basic rules have been formulated by the courts in order to determine whether an exclusion clause has been incorporated correctly into the contract. The reason for this is because of the fact that very often these terms are not brought to the attention of contracting parties and are often included in the small print, on the backs of tickets or in terms and conditions found elsewhere...
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