exclsuion and limitation clauses Flashcards
what is the defintion of ann exclsuion clause
a term in a contract that seeks to complelty remove liability
what is the defintion of a limitation clause
a terms that caps or limits the amount of compensation that can be claimed for a breach
What is the common law control on signatures
L’estrange v G????
if a person signs a contract containing a exclusion clausw they will genrally be bound by it
l’estrange v gracoub
what is the common law control on notices
Olley v Malbrough ????
the clause must be bought to the other partys attention before or at the time of the contract
Olley v Malbroigh court
what is the common law control on previous dealings
Spurling v b?????
if the parties have consitently contracted in the same way under the same terms an exclusion clause may be valid even if not explicitly stated
Spurling v Bradshaw
What is the contra proferentem rule
Houghton v ?
if the wording is unclear the curts will interpret it against the party seeking to rely on it
Houghton v Trafalgar Insurance
what is section 2 (1) of the unfair contract terms act 1977
excluding liability for death or personal injury due to negligence is always void
what is section 2 (2) of the unfair contract terms act 1977
exclusion of liability for other losses or damage due to negligence is only allowed if its reasonable
what is section 3 of the unfair contract terms act 1977
if a contract is based on one partys standard terms, exclusion clauses are only valid if they pass the reaosnable test
