Exclusion Clauses Flashcards
(6 cards)
1
Q
What is the main case for exclusion clauses
A
Thornton- the more onerous the exclusion the clearer it must be
2
Q
Transocean drilling
A
If the term is clear and freely agreed, the court will probably allow the clause
3
Q
What does the consumer rights act 2015 show us
A
Fairness test applies to any term,
1. An exclusion about death or injury caused by negligence s65
2. Exclusions about the implied rights to goods s31
4
Q
What does the unfair contracts act 1977 show
A
- S2(1) cannot exclude liability for death
- S2(2) cannot exclude liability for property damage
- S3 cannot exclude liability for breach of contract if the clause is reasonable
5
Q
S4(1) knowledge test
A
Term must be reasonable for what was known to the parties at the time
6
Q
S4(2) sets out guidelines
A
Bargaining power
Customer gave up something for those rights
Buyer knew the term
