only be taken on the weight to be attached on exhibit D2 (i) and (ii) as they are already part of the evidence. Therefore even if email exhibit D2 (ii) is taken into account on the basis of its admission in evidence by consent as submitted by the defendant, it has not been demonstrated that exhibit D3 was ever brought to the notice of the plaintiff by either emailing it as an attachment/soft copy or giving the plaintiff a hard copy. Secondly the issue of whether the email was sent or received remained triable. PW1 testified that the plaintiff had no written contract with the defendant. Email exhibit D2 (ii) which I have quoted shows that the goods were transported at owners risk and the owner had a duty to insure the goods. There is no evidence that exhibit D3 in any form was ever given to the plaintiff though the plaintiff is shown to have received email exhibit D 2 (ii) giving notice of the standard trading terms of the defendant. Resolution of issue No. 1 Halsbury’s laws of England fourth edition volume 9 page 242 paragraph 367 provides that despite the lack of any general power to strike out exclusion clauses, the courts have inter alia and where appropriate, applied general rules of the law of contract in order to control the possibilities of abuse inherent in complete freedom of contract: (1) The party seeking to rely on an exclusion clause must show that it was incorporated as a term of the contract, which usually involves the taking of reasonable steps to bring it to the notice of the other party. (2) An exclusion clause is to be construed strictly against the party who introduces it and seeks to rely on it and this is known as the contra proferentem rule. Furthermore at page 243 paragraph 368 it is written that for exclusion clauses to be effective it must as a general rule be incorporated in the contract at the time when the contract is made and it is insufficient if the clause is put forward at a later stage. This principle is stated in the case of Olley v Marlborough Court Ltd [1949] 1 All ER 127 where the plaintiff booked a room in the defendant’s hotel and later saw a notice in the hotel room exempting the defendants from liability for articles lost or stolen. The decision of the Court of Appeal, per Singleton LJ at page 133: “If the defendants, who would prima facie be liable for their own negligence, seek to exempt themselves by words of some kind, they must show (i) that those words form part of the contract between the parties and (ii) that they are so clear that they must be understood by the parties in the circumstances as absolving the defendants from the results of their own negligence. 24