Exemption Clauses And Unfair Contract Terms Act 1977

Question 0

What are the criteria for exemption clauses?

Answer 0

Has to actually be in the contract, must be valid under the UCTA, notice must be given, liability must be given in the course of a business.

Question 1

What are the 2 types of exemption clause?

Answer 1

Exclusion clauses and limitation clauses.

Question 2

Give a case where exemption clauses are relevant.

Answer 2

Olley v Marlborough Court Ltd (1949)

Question 3

What does s11 of the UCTA state?

Answer 3

The contract must have reasonableness.

Question 4

What does s12 of UCTA state?

Answer 4

Only the seller must be acting I the course of a business, goods that are normally sold for private use or consumption.

Question 5

What does s6 of UCTA state? Give 2 cases that show this.

Answer 5

SOGA s12 (right to sell goods) can never be excluded from any sale of goods contract. R&B Customs Brokers Co Ltd v United Dominions Trust (1988), Woodman v Photo Trade Processing (1981).

Question 6

What does s2(1) of UCTA state? What case shows this?

Answer 6

A person cannot exclude his liability for death or personal injury resulting from negligence. Thompson v T Lohan (Plant Hire) Ltd (1987).

Question 7

What does s2(2) of UCTA state? What case shows this?

Answer 7

In the case of non-personal loss or damage, a person can only limit his liability in accordance with the requirement of reasonableness. Smith v Eric Bush (1990).