Terms and Exemption Clauses

Question 1

How to identify the validity of an exemption clause

Answer 1

1) It has to be incorporated into the contract
2) The clause has to be valid under UCTA 1977 or the CRA 2015

Question 2

ways of incorporating exemption clause into the contract

Answer 2

1) By signature
2) By Notice
3) By previous dealings or custom

Question 3

Rules of the timing of incorporation of exemption clauses (EC)

Answer 3

• EC must be incorporated before or at the time of the contract
• it cannot be after the contract is formed

Question 4

Does it matter if the party has read the exemption clause or not?

Answer 4

It DOES NOT matter.
- It is sufficient enough to give someone a reasonable opportunity to read the exemption clause e.g Parker v Southeast Railway