Exclusion Clauses Flashcards
1
Q
What is the principal of freedom of contract?
A
People can agree to terms they want to but this may lead to a power imbalance
2
Q
What is the test for an exclusion clause?
A
- Is the clause part of the contract?
- Are there any statutory limitations on its effectiveness?
3
Q
What is ‘caveat emptor’?
A
You agree to what you sign even if you have not read it
4
Q
What is needed for an exclusion clause to be incorporated?
A
- Knowledge
- Reasonable steps to bring clause to party’s attention
5
Q
What was held in Hollier v Rambler motors?
A
Clause can be incorporated by prior dealings
6
Q
What is contra proferentum in the construction of an exclusion clause?
A
- Ambiguity is interpreted against relying party to avoid unduly penalisation
7
Q
What is S.3 UCTA?
A
In standard forms, no exclusion for breach or non-performance unless to is reasonable
8
Q
What is S.31 CRA 2015?
A
No exclusion of terms implied into contracts to supply goods
9
Q
What is S.57 CRA 2015?
A
No exclusion of terms implied into contracts to supply services
