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exclusion clauses tutorial work
- Module
- Contract Law (LAW4104)
- Institution
- Queen Mary, University Of London (QMUL)
detailed, descriptive tutorial work to help improve grades and save time for law students
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Andy has hired scaffolding from Secure Scaffolds approximately twice a month forthe past two years. Regulatory – business to business – sterling v bradshaw
in business to consumer – not lot of consistency is necessary
On the past 5 occasions, the invoice has had the following printed on the reverse:
“Secure Scaffolds shall not be liable for any loss or damage howsoever caused to
the customer’s premises and if, notwithstanding the foregoing, any liability for
damage to customer’s property shall arise, that liability shall be limited to a total of
£500.”
Andy telephones Secure Scaffolds and orders scaffolding to be delivered on the
following day.
Tom, an employee of Secure Scaffolds, negligently
section 2 – negligence liability
drives the delivery van into Andy’s wall, causing it to collapse onto Andy’s new van.
The wall costs £1000 to rebuild and the repairs to the van cost £1500.
Advise Andy, in the following two circumstances:
1. Where he is a builder hiring scaffolding for his commercial premises.
incorporated by notice – writing on invoice [olley case, parker v south
eastern railway – moment customer knows of writing, despite not
knowing details of it – will be bound by the terms unless other takes
steps to be bound]
unsure whether had reasonable steps taken
normally invoice don’t have contractual legalities – can argue that if ss
had taken reasonable steps to bring this to attention
not onerous term
british crane case – custom of trade, clause was incorporated
business to business – ucta 1977, reasonableness test
section 2 – negligency liability -
contra pro
Canada steamship case – said first thing, see if there is any expressed
exclusion of negligence, if not then need to see whether words are wide
to cover negligence – if so, decides that it covers that and not
negligence
if ambiguous – strict on parties who are strict
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