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Contract - ECs

Exclusion Clauses

QuestionAnswer
What is an Exclusion Clause? Type of term attempting to exclude a parties liability
What three components are necessary for an exclusion clause to be enforceable? Incorporation, Construction, Statutory regulations
Lestrange v Graucob Signing means you've accepted the terms - incorporation
Curtis v Chemical Cleaning Dress cleaning: Verbal statement overrode the written term - no incorporation
Olley v Marlborough Hotel Term in the hotel bedroom was not part of contract - notice too late
Chapleton v Barry UDC Exclusion clause on deckchair ticket was not a term
Thompson v (LMS) London Midland, and Scotland Railway Co Illiterate woman was held to be bound by written clause - took reasonable steps to make her aware
Thornton v Shoe Lane Parking Exclusion clause must be 'startling' - big red bold writing - Denning
Interfoto v Stiletto Visual Productions Onerous terms must be brought to your attention
What is construction? The clause must cover the breach
Contra Proferentem Rule unclear/ambiguous terms will be interpreted against the party introducing it
Houghton v Trafalgar Insurance use of contra proferentum rule - 'load' of car interpreted against insurance company to not mean passengers
CRA s65 Can't exclude liability for death/PI
CRA s31/57 Can't exclude other CRA terms
CRA s61 Clauses incorporated if intended to be seen - notice
CRA s68 Term must be transparent
CRA s62 Terms must be fair
CRA s69 Terms must be interpreted in favour of consumer (CRA version of contra prof rule)
UCTA s2 Can't exclude Death/PI
UCTA s6 Can't exclude s12 SOGA
What year is UCTA? 1977
What year is CRA? 2015
Goodlife Foods v Hall Fire Clause was reasonable under UCTA
Aziz case Terms should be fair, not merely not unfair
George Mitchell v Finney Lock Seeds Defective seeds: clause was unreasonable under UCTA as buyer would not have been aware of the fault but seller would
Created by: Oscar.G
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