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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

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 clausemobile communicationmobile communication industryterms of contract

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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