4 Exclusion Clauses (and the Restrictions)

The clause: the term excluding-or-limiting liability (the "at your own risk" world). The common- law controls (the classical trio): (i) incorporation (reasonable notice — above); (ii) construction (the strict reading: the contra proferentem + the fundamental-breach bar — the exemption not read to cover the breach of the contract's core promise, the Photo Production line by name only); (iii) the misrepresentation's no-exemption (the fraud's irreducible liability). Statutory restrictions (the modern layer): the Consumer Protection Act's unfair-terms-and-notices control; the good-faith-and-fair-dealing standard of the Code 2074 (the exemption's abuse as the bad-faith performance); the protective statutes' non-excludability (the labour-and-tenancy floors — the mandatory minimums no contract can waive); the Unfair Contract Terms Act's UK model as the comparative reference (by name). Judicial restrictions (the Nepali courts' practice): the public-policy scrutiny of the harsh exemptions; the standard-form insurance-and-utility cases' construction discipline; the government-contracts' own liability limits (the procurement regime's balances).