Exclusion Clauses

Question 1

Definition of exclusion clause

Answer 1

A term in a contract that prevents one party from being liable for a breach of contract

Question 2

Which stature regards exclusion clauses in business-to-business contracts?

Answer 2

Unfair contract terms act

Question 3

Which case enforced the rule that the parties are bound when an agreement is signed?

Answer 3

L’Estrange v Graucob

Question 4

What if a person is not made fully aware of the nature of the clause

Answer 4

When given oral confirmation the person giving the info gave It incorrectly, and so they were liable for the damage as the claimant wasn’t fully aware. (Curtis v Chemical Cleaning and Dyeing Co. LTD)

Question 5

The law states that a contract must have all terms in the contract, and further notices e.g on a room wall. which case enforced this?

Answer 5

Olley v Marlborough Court Hotel

Question 6

True or false, a ticket with the exclusion clause on the back is sufficient to be valid/

Answer 6

False - Chapelton v Barry

Question 7

Unfair Contract Terms Act S.2(1)

Answer 7

A party can not rely on an exclusion clause that tries to exclude or restrict their liability for death or personal injury resulting from negligence

Question 8

Unfair Contract Terms Act S.2(2)

Answer 8

In the case of loss or damage, a person cannot exclude or restrict their liability for negligence except when the term or notices satisfies the requirement of reasonableness.