Exclusion Clauses (Common Law) Flashcards
L’Estrange v Graucob
Terms are incorporated into contracts by signature, even if the party signing has not read them
Curtis v Chemical Cleaning and Dyeing Co
Misrepresentation as to effect of exclusion clause invalidates the clause
Parker v Southern Eastern Railway
The party subject to exclusion clause must be made sufficiently aware of its existence before or at the time that the contract was formed
Thornton v Shoe Lane Parking
The party subject to exclusion clause must be made sufficiently aware of its existence before or at the time that the contract was formed
Thomson v LMS Railway CO
Notice must be reasonable but it need not be actual
Chapel ton v Barry Urban District Council
Clauses are only incorporated if on a document that might reasonably be considered to contain contractual terms
The Mikhail Lermontov
Where reference is made to an exemption clause in a document given prior to the formation of the contract, attention must still be drawn to the clause itself.
Interfoto v Stiletto
If one condition in a set of printed conditions is particularly onerous or unusual, the party seeking to enforce it must show that the condition was fairly brought to the attention of the other party in the most explicit way
Houghton v Trafalgar Insurance Co Ltd
CONTRA PROFERENTEM RULE: any ambiguity in exclusion clause is interpreted in favour of the claimant
Hollier v Rambler Motors
If the exclusion clause attempts to exclude liability in negligence, then it must reach a very high standard of clarity and precision in drafting to be held to cover the breach that has occurred.
Photo Production v Securicor
Doctrine of fundamental breach does not apply if clause clearly and unambiguously covers the breach
Olley v Marlborough Court Hotel
Terms may be incorporated by notice before or at the time of contract formation
