What do exclusion or exemption clauses in a contract aim to do?

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Exclusion or exemption clauses in a contract are designed to limit liability for certain breaches or specific situations that may arise. These clauses allow parties to define the extent of their responsibility, thereby reducing the impact of potential legal claims. By specifying the limitations or circumstances under which a party is not liable for certain damages, such clauses help manage risk and provide clarity on the expectations of both parties involved in the agreement.

For example, a company providing services might include an exclusion clause stating that it is not liable for any indirect losses resulting from its failure to perform the service, thus effectively limiting the scope of its liability. This is particularly important in complex transactions where parties seek to allocate risk and protect themselves from unforeseen consequences.

The other options do not accurately represent the primary function of exclusion or exemption clauses. While increasing liability, enhancing warranties, and promoting fair trading could be relevant to different areas of contract law, they do not capture the essence of what exclusion clauses are fundamentally intended to achieve.

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