Exclusion Clauses Etc

Question 1

What are the two types of exclusion clauses?

Answer 1

Judicial and parlimentary

Question 2

Two types of judicial control?

Answer 2

Construction and incorporation

Question 3

What are the ways construction is judged?

Answer 3

1)contra proferentum rule
2)The main purpose rule
3)oral contracts

Question 4

What is the contract proferentum rule?

Answer 4

•there is doubt about the meaning of a term in a contract , words will be interpreted ‘against the party hoping to rely on them’
•If exclusion clause is uncertain/unclear court will interpret against business
•sees clause struck out from a consumer contract

Question 5

What is the main purpose rule?

Answer 5

If a term defeats the main purpose of the contract courts will strike it out of the contract

Question 6

What ate oral contracts?

Answer 6

If parties make a verbal/oral statement at any time the contract is made,will override any written exclusion clause

Question 7

How can incorporation occur?

Answer 7

1) By notice
2) By signature
3) By previous course of dealings

Question 8

Incorporation by signature explanation

Answer 8

Simply means party has signed the contract, so it is bound by all of its terms.
(L’Estrange v Graucob)(1934)