common law controls on exclusion clauses

Question 1

L’estrange v graucob

Answer 1

Signing a contract means it is properly incorporated

Question 2

Curtis v chemical cleaning

Answer 2

oral assurance can override the written clauses

Question 3

Thornton v shoe lane parking

Answer 3

must give other party notice of existence of the exclusion clause

Question 4

kaye v Nu skin UK

Answer 4

If exclusion clauses are hash the exclusion clause must be brought to the attention of the other party

Question 5

Olley v marlborough court hotel

Answer 5

terms can change if specified in the original contract

Question 6

Chappleton v Barry urban district council

Answer 6

tickets may incorporate terms if it is reasonable for the back to be checked for terms

Question 7

mcCutcheon v David macbrayne

Answer 7

prior dealings must be consistent to be used to incorporate terms

Question 8

White v John warwick

Answer 8

contra proferentem rule

Question 9

Thompson v London, Midlands and Scottish railways

Answer 9

term can be incorporated on back of ticket if reasonable steps have been taken

Question 10

Factors in oral overriding written + cases

Answer 10

of particular importance - bannerman v white
person making has more knowledge in trade - Schewel v Reade
Delay between statement and contract - Routeledge v Mckay