Exclusion Clauses Flashcards

1
Q

Not valid due to being verbally mislead about nature or extent

A

Curtis v Chemical Cleaning and Dyeing

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2
Q

If signed, bound by agreement/clause will apply

A

L’Estrange v Graycob

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3
Q

Notice signs
No term is made clear

A

Olley v Marlborough Court Hotel

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4
Q

Notice sings
Brought to attention via tickets, other docs
Difficult to rely on

A

Chapelton v Barry Urban District Council

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5
Q

Statutory Limitations to EC’s

A

Unfair Contract Terms 1977
Consumer Rights Act 2015

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6
Q

Unfair Contract Terms 1977
Negligent Liability

A

Section 2

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7
Q

Unfair Contract Terms 1977
Negligent Liability
Death or Injury

A

S2(1)

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8
Q

Unfair Contract Terms 1977
Negligent Liability
Loss or Damage (unless reasobable)

A

S2(2)

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9
Q

Unfair Contract Terms 1977
Negligent Liability
Agreement does not indicate voluntary acceptance of risk

A

S2(3)

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10
Q

Contractual Liability

A

Section 3
Warren v Truprint
Watford Electronics v Sanderson CFL

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11
Q

Limitation Clauses

A

Section 11(4)
George Mitchell v Finney Lock Seeds

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12
Q

Consumer Rights Act 2015
Prohibitis a term excluding liability of S9,10,11,14,15

A

Section 31

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13
Q

Prohibits a term excluding liability og S49,50,51,52,65

A

Section 57

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14
Q

General Fairness or Terms

A

Section 62

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