All Exclusion Clauses Flashcards
What do exclusion clauses do?
Exclude or limit liability if the contract is breached
What is applied in courts when interpreting exclusion clauses?
Contra preferentum
Contra preferentum
Exclusion clause is interpreted least favourably against the party who introduced the exclusion clause
Exclusion clause is interpreted least favourably against the party who introduced the exclusion clause
Contra preferentum
Where is contra preferentum stated for trader-consumer contracts?
S.69 of the Consumer Rights Act 2015
S.69 of the Consumer Rights Act 2015
Where contra preferentum is stated for trader- consumer contracts
Where is contra preferentum found for business-business contracts?
Common law
Persimmon Homes 2017
Contra preferentum does not apply when parties enter on clear and definite terms, and have equal bargaining power
Contra preferentum does not apply when parties enter on clear and definite terms, and have equal bargaining power
Persimmon Homes 2017
Olley v Marlborough
if the party knows about the exclusion clause at the time of formation, then the exclusion clause is valid
if the party knows about the exclusion clause at the time of formation, then the exclusion clause is valid
Olley v Marlborough
Hollier 1972
An exclusion clause is only incorporated as an implied term based on prior dealings between parties if they were frequent and consistently incorporated the same exclusion clause
An exclusion clause is only incorporated as an implied term based on prior dealings between parties if they were frequent and consistently incorporated the same exclusion clause
Hollier 1972
L’Estrange v Graucob
A party who has signed an agreement is bound by the agreement
A party who has signed an agreement is bound by the agreement
L’Estrange v Graucob
