Exemption clauses

Question 1

What does an exemption clause seek to do?

Answer 1

Remove certain liabilities.

Question 2

What does common law state that exemption clauses must do?

Answer 2

Be incorporated into the contract and be interpreted as covering the liability in question.

Question 3

What are the three ways of incorporation?

Answer 3

By signature, by notice and by course of dealing.

Question 4

What does the contra proferentum rule mean?

Answer 4

Any ambiguity is construed against the party seeking to rely on the clause.

Question 5

What happens if a clause expressly exempts liability for negligence?

Answer 5

It will take effect.

Question 6

What happens if a clause impliedly exempts liability for negligence?

Answer 6

It will only take effect if it is worded widely enough to do so.

Question 7

Which Act are non-consumer contracts regulated by?

Answer 7

Unfair Contract Terms Act 1977

Question 8

Which Act are consumer contracts regulated by?

Answer 8

Consumer Rights Act 2015.