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Discuss the difference in effect of the following clauses:    - “This document does not give...

Discuss the difference in effect of the following clauses:
  
- “This document does not give rise to any legal relationship and shall not be subject to legal jurisdiction in the law courts.”
- “No court shall have power or jurisdiction to arbitrate in respect of any matter arising out of this agreement or any breach thereof.”
business   Operations-Management   
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Answer #1

a) The court has the duty to listen and determine matters which are within its jurisdiction it should therefore determine matters that it has the authority and the powers to determine. In the event that a document does not give rise to a legal jurisdiction then it cannot be considered by courts in its hearing and determination

b)When the document shows that the court cannot hear and determine a matter arising from the court, the specific clause which states that the court cannot determine any matter that has been barred from the agreement. In addition to that there is issue of having the matter that is determined by the courts despite the clause barring it being declared a mistrial and being declared null and void.

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