Summary
Summary Contract Law Seminar 7
- Course
- Institution
Contract Law Seminar 7 answers.
[Show more]
Seller
Followstudentrlj
Reviews received
Content preview
Contract seminar 71) Consumer rights act 2015 makes a clear distinction between business to business contracts
and business to consumer contracts.
Legislation Unfair contract terms act 1977 was amended by the consumer rights act 2015
and s1 (3) applies to business liability.
Clauses covered- s13 relates to exemption clauses and those closely aligned to such clauses
so those removing the right to a remedy which would normally be available.
Section 2 is negligence-
S2(1) prevents entirely the exclusion or restriction of liability for negligently caused death or
personal injury.
S2(2) other injury- the clause will only be effective if it satisfies the requirement of
reasonableness
S2(3) is a clear attempt to limit the effectiveness of the defence of volenti non fit injuria
Section 3 deals with the other party’s written standard terms of business.
S3(2)a This prevents a party from relying on a term to restrict or exclude liability unless that
term satisfies the requirement of reasonableness.
S3(2)b tackles exclusion clauses in disguise, so that a party who deals on his own written
standard terms or with someone who deals as a consumer cannot in effect render a
substantially different performance than was reasonably expected or provide no
performance at all, unless the term satisfies the requirement of reasonableness.
Section 6 & 7 is the sale and supply of goods.
S6 Sale of Goods Some of this extends beyond business liability but not all!!
S6(1)(a) No exclusion of S12 SofGA 1979 in any circumstances, so extends beyond business
liability.
S6(1A) Liability for breach of S13-15 of SofGA can be excluded but only if the term satisfies
the requirement of reasonableness
S7(3A) Supply of Goods and Service Act S2 of that Act can’t be excluded (transfer of goods in
a work and materials contract)
S7(4) However the right to transfer possession of goods in a hire contract can be subject to
an exemption clause, so long as it satisfies the requirement of reasonableness.
S7(1A) The obligations over quality, etc can only be restricted if the clause satisfies the
requirement of reasonableness.
Section 11 is the requirement of reasonableness.
S11(1) This is to be gauged from the time of contracting.
S11(5) The burden of proving reasonableness lies with the party seeking to rely on the
exemption clause.
S11(2) Those terms relating to the Sale or Supply of Goods reference should be made to
Schedule 2.
S11(4) Clauses limiting liability
Treated differently more leniently but with reference to the resources available.
2) Unfairness
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller studentrlj. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.52. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now