Contract terms (exclusion clauses) Flashcards
What are exclusion clauses ?
Terms in a contract that limit or exclude liability for a breach of contract
What is a summary of the 2015 consumer rights act ?
covers contracts between traders and consumers
What is the unfair contract terms act 1977 ?
The main protection against exclusion clauses in non consumer contracts
What is the Contra Proferentum rule ?
A principle to assist with interpreting termini contracts, not just exclusion contracts
What are the 3 Implied (common law) terms ?
Is the contract signed ?
Is the clause incorporated ?
Is the clause incorporated due to custom ?
What is meant by the question of if the contract is signed ?
If the contract is signed, the exclusion clause applies.
What case can be used if the contract is signed ?
L’estrange v Graucob (1934)
What is meant by if the clause is incorporated ?
The clause must be brought to attention before the contract is signed or it will not apply
What case is used for if the clause is incorporated ?
Olley Marlborough court hotel (1949)
What is meant by clauses incorporated due to customs ?
Previous dealings can mean an exclusion clause is incorporated but this must be consistent
What case can be used for incorporation due to custom ?
Holler v Rumbler motors (1972)
What is the general rule for third parties ?
Since they are not bound by contracts, the protection in the contracts does not extend to them
