Exclusion clauses Flashcards
(2 cards)
Common Law controls
Must be incorporated:
By signature - L’Estrange v Graucob
Reasonable notice - Olley v Marlborough
Previous course of dealing - Hollier v Rambler
Statutory controls:
Consumer Rights Act 2015 - B2C contract
S.62 states that any term must be fair - a term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer
S.64 states that the requirement of fairness does not apply to the price as long as the price is transparent in the contract - ie a consumer can charge what they want if clear
s2(2) in the case of other loss or damage, a person cannot exclude or restrict his liability for negligence except in so far as it is reasonable to do so.
UCTA looks at the concept of ‘reasonableness’ examples set out in Schedule 2
