exemption clauses

Question 1

what are the exceptions to the rule that a term is incorporated into a contract by signature?

Answer 1

fraud or misrepresentation

Question 2

true or false? an exemption clause that is brought to the attention of a hotel guest after he has checked in at a hotel reception is incorporated into the agreement between the guest ad the hotel is by reasonable notice

Answer 2

false 0 the contract will be concluded when the guest checks into the hotel. a notice later - is too late to be incorporated.

Question 3

what is the contra proferentem rule?

Answer 3

provides that when the meaning of a term is ambiguous - it is interpretated in the way that is least favourable to the person relying on it.

Question 4

in the B2B context - to what extent can a person use an exemption clause to exclude his liability for negligence other than for death and PI

Answer 4

negligence - to the point that it is reasonable.

Question 5

true or false - an unfair term isn’t binding on a consumer.

Answer 5

true.