exclusion clauses

Question 1

what is an exclusion clause

Answer 1

a clause that is put into the contract to try and limit or exclude liability under the contract

Question 2

wording of a clause

Answer 2

must be clear and free from any ambiguity

Question 3

contra proferentem rule

Answer 3

if there is an ambiguous term this will be read against the party who made the clause in the contract

Question 4

by signature

Answer 4

CURTIS v CHEMICAL CLEANING- bound by terms whether they have read them or not

Question 5

by reasonable notice

Answer 5

OLLEY v MARLBOROUGH COURT HOTEL- valid if reasonable notice of its terms given before party enters into the contract, red hand rule

Question 6

by previous course of dealing

Answer 6

HOLLIER v RAMBLER MOTORS- if parties have contracted before and regularly make same type of contract courts presume you will be aware of terms in future contracts

Question 7

consumer rights act 2015 controlling EC

Answer 7

s.31 and s.57 cannot exclude or limit liability in regards of relevant terms

Question 8

unfair contract terms act 1977 controlling EC

Answer 8

s.2(1)- cannot exclude or limit liability for death or personal injury caused by negligence
s.2(2)- cannot exclude liability for negligence in terms of other loss
s.2(3)- has to show clause is reasonable in all circumstances