Abstract
LL.M.
In terms of the contract law of South Africa, parties are afforded the freedom of entering into an agreement on their own terms, including complying with the general requirements of consent, good faith and the sanctity of a contract. Parties can therefore include exemption clauses in their agreements. Exemption clauses are usually enclosed in a standard contract and can be defined as a term that excludes or limits liability that flows from contractual relations. The Consumer Protection Act was only recently introduced. Before the Act there was no relatively comprehensive consumer protection legislation and the Act has addressed for the first time important issues as unfair terms. A literature study will be undertaken to establish whether there has been a positive or negative development towards exemption clauses over the years.