Exemption Clauses

Question 1

What are exclusion clauses

Answer 1

Try to limit or exclude liability in commercial agreements

Question 2

2 requirements of exclusion clauses

Answer 2

• it is incorporated into the agreement

- must be clear in its meaning and wide enough to be relied on

Question 3

Case where exclusion clause has been incorporated into an agreement

Answer 3

When the contract has been signed - L’estrange 1934

Question 4

What about in scenarios where it has not been signed?

Answer 4

Reasonable notice has been given?
Parker 1877 - he didn’t look at the terms and conditions
Stilletto 1989 - penalty of £5 a day per photo, didn’t open the bag, no reasonable notice where terms are onerous
Thornton v Shoe Lane Parking 1971 - where the terms are onerous there must be more notice of the terms given, contract already formed before he will have seen the exclusion clause