Exclusion Clauses Flashcards
What is an exclusion clause
Used by one party to seek to avoid incurring liability for certain breaches of contract.
When is the common law used for exclusion clauses
When the exclusion clauses are incorporated into the contract
What case supports the incorporation of exclusion clause by signature
L’estrange v graucob
What case supports the incorporation of reasonable notice
Parker v south eastern railway
What other rule is there for incorporation
Previous course of dealings
When may an ambiguous clause be used
If the clause is fairly and reasonably bought you other parties attention
What 2 acts limit exclusion clauses
Consumer rights act 2015, unfair contract terms act 1977
What does s.49 of the cra state
Service to be performed with reasonable care and skill
What 4 acts in the cra limit exclusion clauses
S.49, S.62, S.64, S.65
What does s. 62 of the cra state
Any term must be fair
What does s. 64 of the cra state
Requirement of fairness doesnt apply to price as long as its transparent
What does s. 65 of the cra state
Traders cant exclude/restrict liability got death/injury
Which 2 sections in the ucta 1977 apply to exclusion clauses
S. 2(1), S. 2.2
What does s. 2(1) state of the ucta 1977
Person cant exclude liability for death/ personal injury
What does s2.2 of the ucta 1977 state
In case of other loss or damage a person cant exclude/restrict his liability for negligence except in so fat as reasonable
