Exclusion and Limitation Clauses

Question 1

L’Estrange v Graucob

Answer 1

Cigarette vending machine contract stated all implied conditions and warranties were excluded. Signed contracts are binding

Question 2

Curtis v Chemical Cleaning

Answer 2

C took her wedding dress and signed a contract that exluded all liability. She asked what shw was singing and was told it only exluded liability for loss or damage to sequens or beads. Dress was damaged and court held that the misrep of the exlsuion cluase meant she could claim damages

Question 3

Chapelton v Barry UDC

Answer 3

ticket to hire deck chair contained exclusion clause
Deemed invalid as clause was only viable after contract formed

Question 4

Olley v Malborough court

Answer 4

Olley checked into hotel, there was exclusion clause behind door of her room.
As contract already formed, exlcusion clause not valid.

Question 5

Red hand Rule

Answer 5

Denning LJ in Spurling v Bradshaw
“The more onerus the clausem the more notice must be given, for some it would require red ink and a red hand pointing to it”

Question 6

Hollier v Rambler Motors

Answer 6

C used services of garage severla times, each time was asked to sign exclusion clause. On this ocassion contract was formed over the phone and no mention to the exlucision clause. Due to infrequency of previous dealings court held not reasonable for C to remeber clauses - NOT valid

Question 7

Transocean Drilling v Providence 2016

Answer 7

Used rule that exclusion clauses should be interpreted Contra Proferentem - only apploes to exclusion clauses where one party has more bargaining power

Question 8

“Prohibits the use of exclusion clauses in relation to sale of goods”

Answer 8

S.31 CRA
s.6 UCTA

Question 9

“Prohibits use of exlclusion clauses for sale of services”

Answer 9

s.57 CRA
s.7 UCTA

Question 10

“Prohibits use of exlusion clauses for negligence that cauase death or personal injury”

Answer 10

s.65 CRA
s.2(1) UCTA

Question 11

Prohibits liability for negligence leading to loss or damage

Answer 11

s.2(2) UCTA

Question 12

Excluding liability for breach of contract

Answer 12

s.3 UCTA

Question 13

Grey List

Answer 13

Schedule 2 UCTA

Question 14

Watford v Sanderson

Answer 14

A term limiting liabiloty for cost of computer programme was found to be reaosnable as was agreeemnt between two buissness of equal bargianing power

Question 15

Smith v Eric Bush

Answer 15

It was unreasonble term to exlcude laibilty for building survryors for any inaccuracies