Save
Upgrade to remove ads
Busy. Please wait.
Log in with Clever
or
show password
Forgot Password?
Don't have an account?  Sign up 
Sign up using Clever
or
Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account. Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
edit
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

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
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards