statuatory controls of exclusion clauses UCTA Flashcards
Sections which set out what cannot be limited or excluded
S.2(1)
S.2(2)
S6(1)
What does S.2(1) state
D cannot exclude liability for death or personal injury due to negligence
what does S.2(2) state
D cannot exclude liability for negligence unless it is reasonable to do so
What does S.6(1) state
That S.2(1) and S.2(2) cannot not apply
What three tests of reasonableness is there for terms (exclusion clauses) - section numbers
S.11(1)
S.11(2)
S.11(4)
What does S.11(1) state
The knowledge test - insertion of terms must be reasonable in light of the parties knowledge at the time
What does S.11(2) state
The factors to be considered:
•bargaining power
•was the customer given a incumbent to accept the term
•whether the customer ought to know of the term
What does S.11(4) state
reasonable test for limitation clauses
If D has provided something not to standard they should be prepared to provide necessary resources
If D was open to insurance for this
What is the case for reasonableness of limitation clauses
George mitchell v Finney
case for factors to be considered and states it was a reasonable term as parties had equal bargaining power
Watford electronics v Sanderson
What is the case for S.11(1) + insertion of terms must be reasonable in light of what the parties were aware of at the time
Smith v Eric S bush
