Unfair Contract Terms

Question 1

Clauses

Answer 1

Exemption exempt liability

Limit limit liability

Question 2

Prob with limitation clauses

Answer 2

Went uncontrolled cause court reluctant to intervene

Traditional to treat equal bargaining power

Question 3

To rely must show

Answer 3

Term incorporated
Rules of construction
Complies with statutory rules

Question 4

Rules in corporation

Answer 4

Reasonable notice given

Signature

Notice actual or constructive

Previous course of dealing

Question 5

E’stange v graucob 1934

Answer 5

If signed deemed to have read

Question 6

Constructive notice

Answer 6

Nature of doc

Degree of notice

Onerous

Time

Question 7

Parker v south eastern railways 1877

Answer 7

Only need to show taken reasonable steps

Question 8

Spurling ltd v Bradsure 1956

Answer 8

More onerous more notice

Question 9

Olly v Marlborough court ltd 1949

Answer 9

Before or at time of confract

Question 10

Construction

Answer 10

Contra proferntum rule

Neg

Seriousness of breach

Encourage bus to draft contracts carefully

Limited benefit to small bus as forced to submit to onerous terms

Question 11

Contra proferntum rule

Answer 11

Interpretated against party seeking to rely

Least fave

Andrews bros V singer 1934

Question 12

Neg

Answer 12

Clear wording

Or

Synonym

Stent v gleeson 2000

Question 13

Seriousness of breach

Answer 13

Internet narrow so couldn’t apply to serious breach

And

Develop rule of law that it’s imposs for exception clause to exclude liability for serious Breavb

Question 14

Statutory controls

Answer 14

UCTA 77 intro cause of inadequate CL

Question 15

S2 UCTA

Answer 15

Prevents bus for exempting liability for death and Pi

Others subject to reasonable test

Question 16

S6-7 UCTA

Answer 16

Can’t exempt liability for statutory implied terms

Question 17

S11 UCTA

Answer 17

Reasonable test

Sch 2 factors to be considered.