Clauses

Question 1

Lestrange v Graucob

Answer 1

• vending machine - signed contract excluding implied conditions - bound by written agreement

Question 2

Curtis v chemical cleaning

Answer 2

clause spoke about before signing - can rely on oral assurances - Curtis lied to about clause

Question 3

Exclusion clause definition

Answer 3

Term in a contract that prevents a party being liable for a breach of contract

Question 4

Limitation clause def

Answer 4

Term in a contract that sets an upper limit on liability for a breach

Question 5

Olley v Marlborough

Answer 5

Must know of exclusion clause before signing contract excluding implied- clause was a notice in hotel room

Question 6

Chapelton v Barry district councill

Answer 6

Must make clear someone is entering contractual agreement- clause back of ticket - unreasonable

Question 7

Thornton v shoe lane parking

Answer 7

Exclusion clause listed in car park - to late contract formed at payment - unaware of xtra terms

Question 8

Hillier v rambler motors

Answer 8

Parties has dealt on same terms in past - can assume knowledge of clauses

Question 9

Mccutcheon v David mcb

Answer 9

No consistent terms from past - didn’t allow them to assume knowledge of clauses

Question 10

Warren v trueprint

Answer 10

Unfair contract terms act - party who insert clauses in contract must show its reasonable

Question 11

Smith v Eric s bush

Answer 11

Test is whether term is reasonable considering what was known by parties when contract formed

Question 12

Watford electronics v Sanderson

Answer 12

Exclusion clause was reasonable term as parties had equal bargaining power and negotiated

Question 13

George Mitchell v Finley lock

Answer 13

Unfair contract act relates to exclusion clauses only

Question 14

What are the 2 remedies if clauses not incorporated right

Answer 14

1 unfair contract terms act - rescission and damages

2 consumer rights act if trader abd consumer