Contents Of Contracts

Question 0

Contra preferentum rule. What is it and which case?

Answer 0

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

Question 1

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

Answer 1

Olley v Marlborough Court Hotel

Question 2

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

Answer 2

Canada Steamship v The King

Question 3

Onerous or unusal clauses need extra attention drawn to them

Answer 3

Thornton v Shoe Lane Parking

Question 4

Terms can be incorporated by previous dealings

Answer 4

Spurling v Bradshaw

Question 5

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

Answer 5

Hutton v Warren

Question 6

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

Answer 6

The Moorcock

Question 7

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

Answer 7

Shirlaw v Southern Foundries

Question 8

L’Estrange v Graucob

Answer 8

Any signed term will be incorporated

Question 9

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

Answer 9

Photo Productions v Securicor