Exclusion clauses Common law

Question 1

When will courts allow the exclusion clause?

Answer 1

If it has been properly incorporated into the contract

Question 2

What are the 3 ways to incorporate?

Answer 2

Signature
Notice
Previous dealings

Question 3

What is the case of L’Estrange V Graucob?

Answer 3

She was bound by the contract as she signed it

Question 4

What happens when a query is made before signing?

Answer 4

The oral statement can override the written clause (Curtis V Chemical Cleaning and Dyeing)

Question 5

What happens when a term is harsh in relation to notices?

Answer 5

It must be brought to the attention of the other party (Thornton V Shoe Lane Parking)

Question 6

What is the case of Olley V Marlborough Court Hotel?

Answer 6

Clause was not properly incorporated into the contract

Question 7

What must the previous dealings be between the parties?

Answer 7

The dealings previous must be consistent (McCutcheon V David MacBrayne)

Question 8

What is the contra proferentem rule?

Answer 8

When the clause is unclear, the court will decide if D can rely on the term. If there is doubt of meaning, then the words must be interpreted against the person relying on the term (White V John Warwick)