common law controls on exclusion clauses Flashcards

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1
Q

L’estrange v graucob

A

Signing a contract means it is properly incorporated

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2
Q

Curtis v chemical cleaning

A

oral assurance can override the written clauses

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3
Q

Thornton v shoe lane parking

A

must give other party notice of existence of the exclusion clause

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4
Q

kaye v Nu skin UK

A

If exclusion clauses are hash the exclusion clause must be brought to the attention of the other party

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5
Q

Olley v marlborough court hotel

A

terms can change if specified in the original contract

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6
Q

Chappleton v Barry urban district council

A

tickets may incorporate terms if it is reasonable for the back to be checked for terms

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7
Q

mcCutcheon v David macbrayne

A

prior dealings must be consistent to be used to incorporate terms

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8
Q

White v John warwick

A

contra proferentem rule

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9
Q

Thompson v London, Midlands and Scottish railways

A

term can be incorporated on back of ticket if reasonable steps have been taken

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10
Q

Factors in oral overriding written + cases

A

of particular importance - bannerman v white
person making has more knowledge in trade - Schewel v Reade
Delay between statement and contract - Routeledge v Mckay

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