Summary
Summary Exclusion Clause
- Institution
- OCR
breaks down the exclusion clauses, goes into the common law controls and unfair contract terms act 1977. has cases :)
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exclusion clausesAn exclusion cause is a way to get out of/ limit a contract
&
COMMON CAN CONTROLS
The court have found 2
ways to
regulate exclusion clauses:
1. Has the clause been incorprated into the contract:
This can be done in 3 ways:
by signature
-
reasonable notice
-
previous course of dealing
-
2. Does the clause cover the alleged breach?
bysignature.RAUCOB
-
(1934)
Situmentheme
the
that
mre
opening
und
sign
contract, its contents
contract, regardless
become terms
of whether
of
they have
by reasonable notice
CASE: PARKERV SOUTH EASTERN RAILWAY he
CIOF7 the
5
metewrite represented
the those terms
·
contract
only become part of
if it can be said that the
previous course of dealing had gonablee
CASE: SPURING V
I
BRADSHAW
greipient
impartiesmade
preven
Enteredin
es
intension3
of contracts between them, and those contracts
party
clause had not been taken.
UNFAIR CONTRACT TERMS ACT 1977
An act which imposes limitations on exemption clauses and controls the use of clauses excluding,
or
limiting liability for breach of a contract, where one of the parties is a consumer.
Section 12: a consumer" where they making
party is
"dealing as a are not the contract
of the business.
PROVISION OF THE ACT
Section 2-Liability for negligence
Liability for death or personal injury resulting from negligence cannot be excluded
- any
clause which attempts to do this, will be rendered ineffective
Only works when there is a death or personal injury due to negligence.
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