Exclusion clause emergency

Question 1

What are the two main rules for whether an exclusion clause can be relied upon?

Answer 1

1- incorporated
2- The exclusion clause must be constructed/ interpreted to see if the clause achieves what it is meant to without being unfair on the other party

Question 2

Which cases go with incorporated?

Answer 2

1. L’estrange V Graucob
2. Olley v marlborugh court
3. Chapleton v barry

Question 3

L’estrange v Graucob?

Answer 3

-you agree to what you sign for.

Question 4

Olley V Marlborugh court?

Answer 4

-where it hasnt been signed, the parties must be made aware- express knowlege of it.

Question 5

Chapleton v barry?

Answer 5

• a ticket with an exclusion clause on the back is insufficent

Question 6

What are the general rules of knowlege of a clause?

Answer 6

1. Knowlege of clause
2. Reasonable steps to bring it to the attention of the party.

Question 7

What is meant by the exclusion clause must be constructed (interpreted) to see if the clause achieves what it is meant to without being unfair on the other party ?

Answer 7

USE THE CONTRA PROREFERENTUM RULE- RULE AGAINST
-IF DOUBT/ IT APPEARS UNFAIR TO THE OTHER PARTY.

Question 8

Which cases go with the pro referentum rule?

Answer 8

Hollier v Rambler Motors
Transocean Drilling case