Contract - UCTA (exclusion and limitation clauses) Flashcards
St Albans City
section 3 ucta
which case applied?
Negotiations between terms does not prevent one party contracting on the standard terms if they remain largely untouched.
breach of contract - reasonableness test. standard terms.
anglo cont. holiday v typaldos
R&B Customes Brokers
stevenson v rogers
A business can be a consumer if the trype of transaction is not an integral part of the business, of a different type to those usually entered into. (this case freight forwarding not car dealing) Supported by Feldaroll Foundry case.
Contrasts with R&B - in business unless purely private.
RW Green Ltd v Cade Brothers Farm
Limitation clause upheld as purchasers could have bought higher quality product at a higher price. Also, compliance of condition must be practicable. It was unreasonable to require a claim of notification in the case of seed purchased with a crop virus that could not be detected until it started to grow.
Phillips Products Ltd
Case law is not of precedent value - each case depends on own circumstances. Can consult sch 2 even if not under s 6 or 7.
s11(5)
11(1)
11(2)
Burden of Proof
Time of entering
Sch. 2 Guidelines
- Bargaining power, alternative means and other contracts.
Think of Potential loss, Circumstances for a breach, bargaining power.
L’Estrange v F Graucob
Reasonable to know of extistence and extent of term.
Smith v Bush
The reasonableness test can also consider - difficulty of task undertaken for which liability is excluded - practical consequencies to parties.
Watford Electronics Ltd
Likely to be found reasonable where contract between commercial comapnies of equal bargaining power after negotiations where parties have made concessions to each other.
UCTTR
2 Cases
OFT Foxtons
term led to inbalance.
OFT v Abey National
Cant consider the fairness of terms that relate to price and satisfactory service of the goods - Reg 6(2).
