Exclusion clauses

Question 1

What are exclusion clauses controlled by?

Answer 1

By consumer rights act 2015

Question 2

What is the contract for services sections?

Answer 2

S.57 - under contracts for services

Limiting liability under section 49 and section 52

Question 3

What is section 65?

Answer 3

Business cannot exclude or limit their liability for death or personal injuries by negligent acts

Question 4

What is section 62?

Answer 4

All consumer terms MUST be fair
A term is unfair if it removes the consumer rights act without anything in return

Question 5

What is section 62.(4)?

Answer 5

A term is unfair if its puts the consumer at a disadvantage by causing an significant imbalance and detriment

Question 6

What is a limitation clause?

Answer 6

Limits your legal responsibility

Question 7

What does an exclusion clause do?

Answer 7

It avoids/excludes legal responsibility in a contract

Question 8

How do courts control exclusion clauses?

Answer 8

-Exclusion clause is only void/allowed if it has been properly constructed and incorporated within a contract by using plain words and the meaning is clear.

Question 9

What happens under the control proferentum rule?

Answer 9

If the exclusion clause is unclear, it will go against the person trying to rely on it

Question 10

What are the three ways to incorporate an exclusion clause into a contract?

Answer 10

By signature, by notice and by previous dealings between parties

Question 11

What is the case under the exclusion clause of SIGNATURE?

Answer 11

L’estrange V Gravcob= If you sign the contract you are bound by it even if you did not read it

Question 12

What is the case for when an exclusion clause is read out verbally but does not match the contract?

Answer 12

Curtis V chemical cleaning - Claim was successful due to the oral assitance made from D to C

Question 13

Notice you have to make them aware of the clause telling them it exists. What case is linked to this?

Answer 13

Thornton v Shoe lane parking- must give notice that the exclusion clause does exist before they enter the contract

Question 14

What is the side rule regarding tickets?

Answer 14

Chapelton V Barney District Council = A ticket can incorporate an exlusion clause only if it is reasonable to expect the person to look at the back of the ticket

Question 15

What is the held for Thompson V London railways?

Answer 15

The rule has to take reasonable steps to inform you

Question 16

What is the case for previous dealings between parties?

Answer 16

Mrcutcheon V david mocbrayne- only incorporate exclusion clause if the previous dealings between parties was consistent

Question 17

What are the cases for the proferentum rule?

Answer 17

WHITE V WARRICK= prevents wide meaning of the exclusion clause

ONLY applies of the rule on exclusion and limitation clauses are unclear - when words are ambiguous courts will decide if D can rely on the term