Contract Law: Exemotion Clauses

Question 1

what are the common law tests for determining if an exemption clause exists in a contract?

Answer 1

• whether it is incorporated
• construction (meaning is the clause intended to limit liability for a particular breach for example personal injury but not against breach of terms)

Question 2

what are the to main statutes that govern expedition clauses?

Answer 2

• unfair contract terms act 1977 UCTA 1977
• consumer rights act 2015

Question 3

under the UCTA what are the 3 main affects on exemption clauses?

Answer 3

• Void: if the clause excluded death and personal injury that is is caused by negligence
• it has no affect - (for example the a clause in a contract the exempts party from breach of an express term)
• Reasonableness test: is the term reasonable and fair)