exclusion clauses

Question 1

what are the common law controls?

Answer 1

must be incorporated by:
- by signature
- reasonable notice
- prior dealings

Question 2

case for incorporated by signature?

Answer 2

L’estrange v Graucob

Question 3

case for incorporated in reasonable notice?

Answer 3

Parker v South Eastern Railways

Question 4

case for incorporated by prior dealings?

Answer 4

Hollier v Rambler

Question 5

what are the statutory controls?

Answer 5

• CRA 2015 (business to consumer)
• Unfair Contract Terms Act 1977 (Business to Business)

Question 6

sections from CRA 2015?

Answer 6

s62 - any term must be fair
s64 - fairness doesn’t apply to price if the price is transparent
s65 - a trader cannot exclude liability for death/personal injury caused by negligence

Question 7

sections from the Unfair Contract Terms Act 1977?

Answer 7

s2(1) - a person cannot exclude liability for death/personal injury caused by negligence
s2(2) - other losses/damages: a person cannot exclude liability for negligence except in so far as it’s reasonable to do so