TY - JOUR AU - Ismail Adua Mustapha, AU - Abdulganiyu Bello, PY - 2022/01/10 Y2 - 2024/03/28 TI - DOCTRINE OF EXCLUSION AND LIMITATIONCLAUSES IN AN AGREEMENT: APPROACHFROM THE CONTRACT OF CARRIAGE BY AIR JF - UNIZIK Law Journal JA - ULJ VL - 17 IS - 1 SE - Articles DO - UR - https://journals.unizik.edu.ng/ulj/article/view/884 SP - 41 – 54 AB - <p>The cardinal principle of law of contract is that, right from the point of entering into an agreement,<br>parties are and should be allowed to exercise their free will to bargain in any form of contract they wish<br>to enter into. This is called doctrine of consensus ad idem. It is the consequence of this doctrine that<br>gives life to the contractual elements thereby validates all the exclusionary and/or limiting clauses<br>inserted in the agreement between the parties. Be that as it may, Air carrier and passenger(s) are allowed<br>to insert any of the clauses provided they will act within the general principle of law of contract and the<br>various international and domestic instruments guiding the contract of carriage by air. Adopting various<br>interpretations of Montreal Convention 1999 by the Nigerian courts, the paper therefore explores how<br>the doctrine of exclusion and limitation clauses are being applied to the contract of carriage by air and<br>under what circumstances would the doctrine be jettisoned in the contract of carriage by air? The paper<br>is doctrinal in nature; thereby gather information from both the primary and secondary sources of law. It<br>finds that the general principle of exclusion and limitation clauses is applicable to the contract of carriage<br>by air; however, the circumstances under which the clauses may be jettisoned are well and clearly stated<br>in both the international convention and various domestic laws on carriage of passengers, goods and<br>cargo. The paper concludes and recommends that the validity and enforceability of clause depend on the<br>effectiveness of the doctrine of consensus ad idemby the parties as well as other terms of the in<br>contractual agreement. However, the notice of the clauses should be made mandatory rather than its<br>failure from the air carrier be treated as a mere irregularity. This will further sensitize the passengers as<br>to the nature and consequence of the clause inserted into the air ticket.<br><br></p> ER -