Contract 4 - UCTA Flashcards
1
Q
What are the rules on exemption clauses on UCTA for Liability for Death/PI from Negligence?
📑
A
void, cannot do so
☠️🤕❌
2
Q
What are the rules on exemption clauses on UCTA for that can be excluded
📑
A
- other negligence 🤡
- Breach of Statutory Implied Terms (S13-15 SGA) 🪆
- Breach of Contract: doesn’t apply if term is in a negotiated contract 📑🔥
3
Q
What is the reasonableness test under UCTA?
📑
A
fair & reasonable
Guidelines:
- Bargaining powers 💪
- Where customer received an inducement to agree to the term or had similar contract opportunities with other persons 💝👀
- Customer knew/ought reasonably of existence/extent of term 💡👀
- Reasonable at time to expect compliance is practicable ⚖️
- Goods manufactured, processed or adapted to special order 🪡👘
