Contract Law - Terms (2) Cases

Question 1

Exclusion and Limitation Clauses CL - Where a party has signed a written agreement, they are bound by that agreement even if they signed it without properly reading it.

Answer 1

L’Estrange v Graucob

Question 2

Exclusion and Limitation Clauses CL - Where the meaning of the clause or its ocnsequences have been queried before the signing of the document, the exclusion clause may be construed as the oral statement suggests rather than as it is actually written.

Answer 2

Curtis v Chemical Cleaning and Dyeing CO. Ltd

Question 3

Exclusion and Limitation Clauses CL - They must be brought to the other party’s attention before the contract was made. IN this cases it had not.

Answer 3

Olley v Marlborough Court Hotel

Question 4

Exclsuion and Limitation Clauses CL - Will only be incorporated into a contract when on an objective analysis it is contained in a document that has contractual significance.

Answer 4

Thornton v Shoe Lane Parking Ltd

Question 5

Exclusion and Limitation Clauses CL - IF the parties have dealt on the same terms in the past (previous dealings) it is possible to imply knowledge of the clause from the past dealings, provided there has been a consistent course of dealing. In this case it was decided that there was not.

Answer 5

McCutcheon v David MacBrayne Ltd

Question 6

Statutory Controls, UCTA - s11 (5) requires the party who inserts the clause in the contract, and who seeks to rely on it, to show that it is reasonable in all the circumstances.

Answer 6

Warren v Trueprint Ltd