Exemption Clauses

Question 1

Signature

Answer 1

Parties have assented to clauses
Lestrange v gravcob
Binding if haven’t read

Question 2

Is document contractual

Answer 2

Chepelton v Barry Udc
Deck chairs
Ticket not contract
It is a receipt

Question 3

Steps taken to give notice

Answer 3

Drawn to attention? Reasonable
Prominently clear
Get person to point it out

Question 4

Thompson v lm&s rly

Answer 4

Shouldn’t have to purchase in order to read EC

Court however held incorporation

Question 5

Olley v Marlborough court hotel

Answer 5

Stolen coat

EC notified after contract

Question 6

Previous course of dealing

Answer 6

Contract 3/4 times oral and written
Hollie v ramble motors- irregular

Hcf v sapaa
3 or 4 times a month

Question 7

Strict liability

Answer 7

Arises whether or not party is in fault

If fail to perform then liable

Question 8

Negligence liability

Answer 8

S.13 supply of goods and services act

Services to be carried out with reasonable care

Question 9

Contra proferentem rule

Answer 9

Ambiguous words then courts use strict approach

Question 10

Cases of buisness

Answer 10

Unfair contract terms act

Question 11

2 types

Answer 11

Exclusion clauses which seek to absolve a party for some or all liability
Limitation clauses accept liability but limit sum and amount of damages available