Exclusion clauses

Question 1

Step 1

Answer 1

Has it been incorporated?

Question 2

Consumer rights act 2015 (B2C)

Answer 2

S62- If a term puts a consumer at a disadvantage by limiting rights or increasing obligations, this is unfair and does not apply.
S65- Excluding death or personal injury by negligence is never allowed.
S31- Never exclude implied rights under CRA.

Question 3

S2(1) UCTA (B2B / C2C)

Answer 3

Cannot exclude liability for death or personal injury.

Question 4

S2(2) UCTA

Answer 4

Can exclude property damage as long as clauses are reasonable.

Question 5

S3 UCTA

Answer 5

Can exclude liability for breach is clause is reasonable.

Question 6

S6 UCTA

Answer 6

Can exclude implied terms if reasonable.

Question 7

S11(1) UCTA

Answer 7

Term is reasonable based on what was known to the parties at the time of making contract “knowledge test”.

Question 8

S11(2)

Answer 8

Guidelines for excluding implied terms:
-Strength of bargaining power
-Did C receive an inducement
-Should C have reasonable known about the term.
-Was it a special order