Exclusion Cluases Flashcards
Statutory control
Consumer rights act
Unfair contract terms act 1977
Consumer rights act applies to
Business or consumer
Unfair contract terms act applies
to business to business
Or
Consumer to consumer
Equal levels
What cannot be excluded
UCTA
2.1 liability for death or personal injury
2.2 - exclude negligence unless reasonable
Ucta reasonablw test
11.1 - reasonable in light of what is known when making contract
11.2 - looks at strength of party - induced, knowledge, sthregth of bargaining
11.5 - party who inserts clause must prove it was reasonable in all circumstances
Contra preferentum rule case
White V John warick
What is contrapereferum rule
Meaning of term will be construed against the person who put them into the contract
When unclear trader is given benefit of doubt over business
Section in Cra for contrapreferentum rule
69
Signature
Makes exclusion clause valid even if not read
Lestrange V graucob
Over riding oral statement
Can over rule exclusion clause if oral statement is given
Couchman V hill
Notice
Must be aware of it when contract formed or before
Thornton V shoe lane parking
Previous course of dealing
Hollier V rambler motors
Past interactions can make exclusion clause valid due or priori knowledge of clause
Main purpose rule
If removing exclusion clause would point of contract disappear - if so then not valid
London and north western railway
Business efficacy rule
Imply terms into contract if necessary to do so to make contract function in business like manner
Business efficacy rule case
Mordock
