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Contract 6

Exclusion Clauses

TermDefinition
L'Estrange v Graucob Signing means you've accepted the term
Curtis v Chemical Cleaning Verbal statement overrode the written term
Olley v Marlborough Hotel 'Term' in hotel bedroom was not part of contract
Chapleton v Barry 'Exclusion clause' on deckchair ticket was not a term
Thompson v LMS Railway Illiterate woman was held to be bound by written clause
Thornton v Shoe Lane Parking Lord Denning said the exclusion must be 'startling'
Houghton v Trafalgar Insurance Use of 'contra proferentem' rule
UCTA 1977 Statutory controls on exclusion clauses - B2B
CRA 2015 Statutory controls on exclusion clauses - consumer contracts
George Mitchell v Finney Lock Seeds Unfair term under UCTA - unreasonable
Interfoto Picture Library v Stiletto VP Ltd Onerous terms must be clearly brought to notice
Goodlife Foods v Hall Fire Term was reasonable under UCTA
Britvic v Messer Equal bargaining power but term still unreasonable
CRA s61 Clauses incorporated if intended to be seen
CRA s65 Can't exclude liability for death/PI (consumers)
CRA s68 Term must be transparent
CRA s62 Terms must be fair
Schedule 2 CRA 'Grey list' - examples of unfair terms
CRA s69 Terms must be interpreted in favour of consume
UCTA s2 Can't exclude liability for death/PI (B2B)
UCTA s6 Can't exclude liability under s12 SOGA
Aziz case (ECJ) Terms should be fair, not merely NOT unfair!
Definition of 'unfair' Causes significant imbalance in rights & obligations
S31/57 CRA Can't exclude other CRA terms
Created by: Mr Lovell
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