Unfair Terms

Question 0

R&B Custom Brokers v United Dominions Trust (1988)

Answer 0

Purchase of motor vehicle for business, was purchase as consumer or business? Test - was transaction “an integral part of business carried on”? One factor is the regularity of the transaction.

Question 1

Schroeder Music Publishing v Macaulay (1974)

Answer 1

Two types of standard form contracts; ancient and modern, in modern contracts the terms have not been settled by dispute over years, they have been decided by the more powerful party, this party can say “these are the terms, take them or leave them” - the contract of adhesion.

Question 2

Chester Grosvenor Hotel v Alfred McAlpine Management (1991)

Answer 2

A contract can be a standard form contract even if some clauses have been negotiated, the remainder of the contract can be viewed as standard form.

Question 3

Philips Products v Hyland (1987)

Answer 3

An attempt to exclude or restrict liability includes clauses that deny that any duty ever arose. Case concerning the hire of an excavator and driver from a company.

Question 4

Stewart Gill Ltd v Horatio Myer & Co (1992)

Answer 4

Reasonableness under UCTA - reasonableness is assessed at the time of contract, the burden of proof is placed on the party purporting to have excluded liability.