03. Exclusion clauses, UCTA (1977), CRA (2015)

Question 1

Exclusion clause.

Answer 1

A clause within a contract which purports to restrict or exclude liability for breach of contract or negligence.

Question 2

A clause within a contract which purports to restrict or exclude liability for breach of contract or negligence.

Answer 2

Exclusion clause.

Question 3

Any exclusion clause will be interpreted …

Answer 3

strictly against the party seeking to rely on it.

Question 4

For an exclusion clause to be effective, and therefore enforceable, it must have been …

Answer 4

properly incorporated within the contract.

Question 5

Exclusion clauses are common in … contracts.

Answer 5

standard form

Question 6

Any exclusion clause must be brought to the attention of a party …

Answer 6

at the time the contract is agreed.

Question 7

Any exclusion clause must be an … of the contract.

Answer 7

integral part

Question 8

An exclusion clause presented after a contract has been agreed, including one exlcuding a hotel’s liabliity for the loss of guests’ valuables, …

Answer 8

can not be relied upon.

Question 9

A clause within a contract which purports to restrict or exclude liability for breach of contract or negligence.

Answer 9

Exclusion clause.

Question 10

An exclusion clause presented after a contract has been agreed, including one written on the back of a parking or deckchair ticket, …

Answer 10

cannot be relied upon.

Question 11

The signing of a contract, including one for the supply of a cigarette machine, implies …

Answer 11

that the party is aware of and agrees to all of its terms, including any exclusion clause.

Question 12

If a contract is made without a signed document …

Answer 12

then it must be shown that the party was made sufficiently aware of any exclusion clause or other onerous terms.

Question 13

To be effective, any exclusion clause must cover …

Answer 13

the specific breach complained of.

Question 14

An exclusion clause covering total non performance, including a security employee burning down a film processing factory …

Answer 14

can be valid if correctly incorporated into a contract.

Question 15

Terms within commercial contracts are governed by the …

Answer 15

Unfair Contract Terms Act (1977)

Question 16

The Unfair Contract Terms Act (1977) governs terms in …

Answer 16

commercial contracts.

Question 17

Terms within consumer contracts are governed by the …

Answer 17

Consumer Rights Act (2015)

Question 18

The Consumer Rights Act (2015) governs terms in …

Answer 18

consumer contracts.

Question 19

Terms within contracts between private persons …

Answer 19

are not governed by specific legislation.

Question 20

Private persons may restrict liability …

Answer 20

to any degree that they wish.

Question 21

The main provisions of the UCTA:

TEL for DOPI arising from N are V*

TEL for OLoD arising from N are STATOR

TEL for BoO regarding T are V

Answer 21

Terms excluding liability for death or personal injury arising from negligence are void.

Question 22

The main provisions of the UCTA:

TEL for DOPI arising from N are V

TEL for OLoD arising from N are STATOR*

TEL for BoO regarding T are V

Answer 22

Terms excluding liability for other loss or damage arising from negligence are subject to a test of reasonableness.

Question 23

The main provisions of the UCTA:

TEL for DOPI arising from N are V

TEL for OLoD arising from N are STATOR

TEL for BoO regarding T are V*

Answer 23

Terms excluding liability for breach of obligations regarding title are void.

Question 24

Where the statutory test of reasonableness under the UTCA applies, the court will decide whether the term is …

Answer 24

fair and reasonable having regard to all the circumstances.

Question 25

CRA (2015): a term is U* if, contrary to the requirement of GF, it causes a SI in the parties' RaO under the contract to the DOTC.

Answer 25

unfair

Question 26

CRA (2015): a term is U if, contrary to the requirement of GF*, it causes a SI in the parties' RaO under the contract to the DOTC.

Answer 26

good faith

Question 27

CRA (2015): a term is U if, contrary to the requirement of GF, it causes a SI* in the parties' RaO under the contract to the DOTC.

Answer 27

significant imbalance

Question 28

CRA (2015): a term is U if, contrary to the requirement of GF, it causes a SI in the parties' RaO* under the contract to the DOTC.

Answer 28

rights and obligations

Question 29

CRA (2015): a term is U if, contrary to the requirement of GF, it causes a SI in the parties' RaO under the contract to the DOTC*.

Answer 29

detriment of the consumer

Question 30

The CRA requires that terms are set out in ... language.

Answer 30

plain, intelligible

Question 31

The CRA requires that relevant terms must be ...

Answer 31

prominent.

Question 32

Unfair contract terms (do / do not) invalidate the whole contract.

Answer 32

do not

Question 33

If a term within a consumer contract is open to different meanings, the one most favourable to the ... will be the one chosen.

Answer 33

consumer

Question 34

If a business engages in an activity which is incidental to its trade, including the purchase of a second hand car, ...

Answer 34

then it is likely to be deemed a consumer and therefore protected by the Consumer Rights Act (2015).

Question 35

Terms in an exclusion clause, including one regarding 'new' Singer cars ...

Answer 35

will be interpreted strictly against the person intending to rely on them.

Question 36

T/F: the Unfair Contract Terms Act (1977) does not apply to the sale of land.

Answer 36

TRUE

Question 37

Under the UCTA, the burden of proof regarding the statutory test of resonableness falls on ...

Answer 37

the party relying on the exclusion clause.

Question 38

The UCTA primarily regulates ...

Answer 38

exclusion clauses in business to business contracts.

Question 39

T/F: the Unfair Contract Terms Act (1977) does not apply to insurance contracts.

Answer 39

TRUE

Question 40

T/F: the UCTA (1977) applies to sales between private individuals.

Answer 40

FALSE

Question 41

T/F: the UCTA (1977) applies to sales between private individuals and businesses.

Answer 41

FALSE these are covered by the CRA (2015)

Question 42

UCTA (1977): P* I L B L A I M S

Answer 42

doesn't apply to PATENTS or intellectual property

Question 43

UCTA (1977): P I* L B L A I M S

Answer 43

doesn't apply to INSURANCE

Question 44

UCTA (1977): P I L* B L A I M S

Answer 44

doesn't apply to LAND transfers

Question 45

UCTA (1977): P I L B* L A I M S

Answer 45

BARGAINING power of the parties equal?

Question 46

UCTA (1977): P I L B L* A I M S

Answer 46

Is LIMITATION of Liability fair and reasonable having regard to all the circumstances which were, or which ought to have been known to the parties WHEN THE CONTRACT WAS MADE?

Question 47

UCTA (1977): P I L B L A* I M S

Answer 47

Was the party made sufficiently AWARE of the exclusion clause?

Question 48

UCTA (1977): P I L B L A I* M S

Answer 48

offering of INDUCEMENTS / ability to INSURE

Question 49

UCTA (1977): P I L B L A I M* S

Answer 49

any MISREPRESENTATION?

Question 50

UCTA (1977): P I L B L A I M S*

Answer 50

a SPECIAL ORDER or from STOCK?

Question 51

T/F: the Consumer Rights Act (2015) governs consumer notices.

Answer 51

TRUE e.g. signs in car parks

Question 52

CRA (2015): L* I E R R R R R

Answer 52

doesn't apply to LAND transfers

Question 53

CRA (2015): L I* E R R R R R

Answer 53

doesn't apply to INSURANCE contracts

Question 54

CRA (2015): L I E* R R R R R

Answer 54

doesn't apply to EMPLOYMENT contracts

Question 55

CRA (2015): L I E R* R R R R

Answer 55

Cant restrict enforcement of legal RIGHTS.

Question 56

CRA (2015): L I E R R* R R R

Answer 56

Must be READABLE, legible and prominent.

Question 57

CRA (2015): L I E R R R* R R

Answer 57

READ ambiguity pro the consumer.

Question 58

CRA (2015): L I E R R R R* R

Answer 58

RELIANCE by the consumer is possible.

Question 59

CRA (2015): L I E R R R R R*

Answer 59

REMAINDER of contract valid, excluding the unfair term.