Standard Form Of Contract

Question 1

Need

Answer 1

1. Complex business
2. Large customers
3. Time saving
4. convenience
5. practical

Question 2

Issues

Answer 2

1. Large no of t&c in fine print . Lord denning
   No customer in a 1000 will ever pause to read. If so miss the boat
2. Preumed consent. No negotiations
3. Stronger party - will exclude his liablity

Question 3

Rules for protection of weaker party

Answer 3

1. Reasonable notice of contractual terms
2. Notice contemporaneous
3. Cannot rely on exclusion clause to justify fraud or misrepresentation
4. Strict interpretation of exemption clause
5. no fundamental breach of contract
6. Exclusion of contractual liablity cannot exclude any other kind of liability (torturous)
7. third party

Question 4

Theory of fundamental breach

Answer 4

Alexander vs railway executive

Question 5

Strict construction

Answer 5

McCutchen vs David - cars from island to mainland. Risk note on 4 occasions. But 5th time didn’t sign. D held that risk note signed in previous occasion can be imputed to 5th also.
Held - no