IIARD International Institute of Academic Research and Development

Journal of Business and African Economy (JBAE )

E-ISSN 2545-5281
P-ISSN 2695-2238
VOL. 9 NO. 2 2023
DOI: https://doi.org/10.56201/jbae.v9.no2.2023.pg15.22

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Issues in Exclusion Clauses in the Mobile Communications Industry: Statutory Control and Exclusion Clauses as Terms of Contract

Ifunanya Amasiatu, Ph.D

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Abstract

The use of exclusion clauses in the mobile communications industry has become a prominent feature of contractual agreements between service providers and consumers. These contractual provisions, designed to limit the liability of service providers, have raised significant concerns regarding consumer protection. This article explores the salient issues surrounding the use of exclusion clauses in the mobile communications industry, with a specific focus on statutory control and exclusion clause as terms of contract. It examines the legal and practical implications of these clauses and their impact on consumer rights and remedies. The article also considers the challenges posed by complex contractual language in exclusion clauses. The paper is a contribution to ongoing discourses on consumer protection within the dynamic mobile communications landscape.

keywords:

Exclusion clause, mobile communication, mobile communication industry, terms of contract

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References:

1. Cap. H4, Laws of the Federation of Nigeria 2004.

2. Okany, op. cit., p. 124.

3. This position of law is vindicated by the courts decision in Carlill v. Carbolic Smoke
Ball Co. [1893] 1 QB 256.

4. Garner, op. cit., p. 442...

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