Question: a) With reference to the relevant case, explain the statement that whether or not an exclusion clause applies to protect a fundamental breach of a

a) With reference to the relevant case, explain the statement that whether or not an exclusion clause applies to protect a fundamental breach of a contract is a matter of construction.

b) With reference to a relevant case, explain the hypothetical circumstances where the defendant in Olley v Marlborough Court may have been successful.

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