statutory controls of exclusion clauses CRA Flashcards
1
Q
S.9 of CRA
A
can’t exclude that goods be satisfactory
2
Q
S.10
A
can’t exclude that goods be fit for particular purpose
3
Q
S.11
A
Can’t exclude goods be as described
4
Q
S.49 CRA
A
service must be performed with reasonable care and skill
5
Q
s.51
A
reasonable price to be payed for service
6
Q
S.52
A
service must be performed in a reasonable time
7
Q
S.65
A
prohibits exclusion or limitation of liability for death and personal injury
8
Q
S.62
A
terms must be fair - if they take away rights without good reason and give nothing back - unfair
9
Q
Smith v Eric S Bush
A
insertion of terms in a contract must be reasonable in light of what the parties were aware of at the time
10
Q
Watford electronics v Sanderson
A
parties had equal bargaining power so term was fair - factors considered
