Exclusion and Limitation Clauses

Question 1

-Curtis v Chemical Cleaning
-Chapelton v Barry, Thornton v Shoe Lane Parking

Answer 1

-Express terms can either be written in to the contract, or stated verbally when the contract is made, concerns matters such as price
-The main common law control is that the terms must be incorporated, and generally terms should be made available before the contract is made
-Here…

Question 2

Interfoto v Stiletto, Blu Sky v Be Caring Ltd.

Answer 2

-Harsh terms must be given special notice

Question 3

Thompson v LMS Railway

Answer 3

-Tickets or receipts may incorporate terms if it is reasonable to expect them on the back

Question 4

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-Grogan v Robin Meredith, L’estrange v Graucob
-Neocleous v Rees

Answer 4

-Signing a contractual document incorporates terms even if they have not been read
-However, it must be a contractual document
-An automated signature at the footer of an email will suffice

Question 5

-Hillas v Arcos
-Kendal v Lilico, Mccutcheon v MacBryan

Answer 5

-Clauses may also be implied through the course of dealings
-If its use is regular and consistent, even if it comes after acceptance

Question 6

Apply Relevant Knowledge - Talk about all relevant Factors

Answer 6

-HARSH (Here…)
-and/or
-TICKETS (Here…)
-and/or
-SIGNING DOCUMENT (Here…)
-and/or
-COURSE OF DEALINGS (Here…)

Question 7

Conclusion

Answer 7

-To conclude under the common law method of incorporation (Term has/has not been incorporated)

Question 8

-‘Contra Preferentem Rule’
-Transocean Drilling v Providence
-White v John Warwick

Answer 8

-A second common law control is the ‘ ‘ , meaning “interpretation against the draftsman”
-An ambiguous and one-sided term will be construed against the party that put it in the contract
- For consumer contracts, this is stated in S69 of the Consumer Rights Act 2015. It prevents terms being given a wide meaning
-Here…