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Flashcards in Contents Of Contracts Deck (10)
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0

A term will not be incorporated if it was shown too late. Which case?

Olley v Marlborough Court Hotel

1

Contra preferentum rule. What is it and which case?

The rule that specifies that any ambiguity will be ruled against party wishing to exempt liability. Hipoughton v Trafalgar Insurance

2

If the clause exempts negligence, it must be carefully worded to actually cover it.

Canada Steamship v The King

3

Onerous or unusal clauses need extra attention drawn to them

Thornton v Shoe Lane Parking

4

Terms can be incorporated by previous dealings

Spurling v Bradshaw

5

Terms will be implied by local trade and custom. Which case?

Hutton v Warren

6

Terms may be implied by the business efficacy test. Which case?

The Moorcock

7

Terms may be implied by the officious bystander test. Which case?

Shirlaw v Southern Foundries

8

L'Estrange v Graucob

Any signed term will be incorporated

9

An exemption clause can cover a very serious breach of the contract so long as it is carefully worded

Photo Productions v Securicor