Contract Ireland exclusion clauses
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
|
|
||||
|---|---|---|---|---|---|
| show | 1) To limit the duties of one party and limit the remedies for the other party when there is a breach 2) put cap on damage 3) allocate risk
🗑
|
||||
| show | Exclusion clause – limit duties of one party -absolve person who relies on it of all liability in event of breach of contract or commission of a tort;
🗑
|
||||
| show | Limitation clause- restrict remedies available to one party in event of a breach e.g. cap on damage or claim within time limit
🗑
|
||||
| What are the 5 questions to be asked about an exclusion clause? | show 🗑
|
||||
| What are the 3 ways an exclusion clause can be incorporated into a contract? | show 🗑
|
||||
| What is the main case regarding incorporation of an exclusion clause by signature? | show 🗑
|
||||
| show | Once a contract has been signed any exclusion clause is enforceable - even if in the SMALL PRINT.
🗑
|
||||
| When can a signed exclusion clause be overcome? | show 🗑
|
||||
| show | No these documents are not contracts but mere confirmations that transactions previously agreed have taken place.
🗑
|
||||
| What are the 2 rules regarding incorporation of exclusion clauses by notice? | show 🗑
|
||||
| What was the point in Interfoto Picture Library v Stilletto Visual Programmes? | show 🗑
|
||||
| show | Western Meats Ltd v National Ice Cream and Cold Storage
🗑
|
||||
| show | The terms and dealing must have been CONSISTENT over time otherwise exclusion clause unenforceable Hollier v Rambler Motors terms vary over time exclusion clause unenforceable.
🗑
|
||||
| Which case illustrates that any notice of an exclusion clause must be before the contract is formed if it is to be valid? | show 🗑
|
||||
| What case held that an exclusion clause can only be incorporated due to previous course of dealing when terms are CONSISTENT over time? | show 🗑
|
||||
| show | Parker v SE Railway
🗑
|
||||
| show | 1) If knew of term - are bound 2) No notice of term- not bound 3) If written notice - must prove REASONABLE EFFORT BRING ATTENTION 4) If knew written terms existed -bound even if did not read or intend to accept
🗑
|
||||
| show | Walsh v. Jones Lang La Salle Ltd. [2007] floorspace incorrectly stated in spite of "reasonable care taken" in wording of disclaimer -also no custom and practice customers taking responsibility.
🗑
|
||||
| What was the point in Andrews v. Singer [1934]? | show 🗑
|
||||
| show | An AMBIGUOUS clause excluding liability will be strictly INTERPRETED AGAINST THE INTEREST OF THE PARTY RELYING ON IT (the proferens) -not the other party.
🗑
|
||||
| What case has a 3 part test for deciding whether an exclusion clause can exempt liability for NEGLIGENCE? | show 🗑
|
||||
| What is the 3 part test in Canada Steamship Lines for deciding whether liability for negligence can be exempted? | show 🗑
|
||||
| What was held in Regan. v. Irish Automobile Club [1990]? | show 🗑
|
||||
| show | Clause exempting negligence can ONLY refer to negligence but loss of handkerchiefs in laundry could ONLY BE NEGLIGENCE therefore valid limitation clause of damages 20 times value of handcherchiefs.
🗑
|
||||
| show | Karsales (Harrow) Ltd. v. Wallis [1956]
🗑
|
||||
| show | 1) Commercial contract where equal bargaining power 2) Bailment Contracts Carriage goods by sea 3) serious defect leading to substantive difference in the contract.
🗑
|
||||
| show | Scampi went bad on way to Liverpool due to negligence of shipowners - Held: fundamental breach going to heart of contract CANNOT CONTRACT OUT OF FUNDAMENTAL BREACH IN IRELAND (but cf Western Meats)
🗑
|
||||
| What controversy did Western Meats Ltd v National Ice Cream and Cold Storage introduce to whether exemption clauses could apply to fundamental breaches? | show 🗑
|
||||
| show | Pinnock Bros v. Lewis Peat Ltd. [1923] farmer's cows poisoned by cattlefeed BUT cf. George Mitchell v. Finney Lock Seeds Ltd. [1983] cabbace seeds not good but still delivered [contract performed] - merely qualitative difference may exempted.
🗑
|
||||
| What are the 3 statutory regulations which may invalidate an exclusion clause? | show 🗑
|
||||
| show | Exemption clauses not valid if they exempt from liability where goods differ from the description, quality or sample offered.
🗑
|
||||
| show | Must show that the exemption is "fair and reasonable"
🗑
|
||||
| show | Consumer 1) Hobson's choice 2) should have known custom and practice 3) Specially adapted for consumer? 4) Unequal bargaining power 5) Term brought to attention
🗑
|
||||
| What kind of contracts do the Unfair Terms in Consumer Contract Regulations 1995 refer to? | show 🗑
|
||||
| What duty does the Unfair Terms in Consumer Contracts Regulations 1995 impose? | show 🗑
|
||||
| show | To sever an individual term of a contract.
🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
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
Normal Size Small Size show me how
Created by:
Solomon