Impact of statute law on exclusion clauses. Flashcards
What is the act?
Unfair Contract Terms Act 1977 (UCTA)
Why was the UCTA introduced?
To give consumers greater protection.
What does it distinguish between?
A consumer contract and one between businesses.
What does section 12(1) define?
Dealing as a consumer
What does section 12(1)(a) define dealing as a consumer as?
(a) He neither makes the contract in the course of a business nor holds himself out as doing so
What does section 12(1)(b) define dealing as a consumer as?
(b) The other party does make the contract in the course of a business
What does section 12(1)(c) define dealing as a consumer as?
(c) the goods are of a type ordinarily supplied for private use or consumption
What does section 2(1) exclude liability for?
Death or personal injury resulting from negligence.
When does section 2(2) say that they can exclude liability for negligence
In the case of other loss or damage, they cannot restrict their liability for negligence except when the term satisfies the requirement of reasonableness.
What does section 3 say about a consumer dealing on a businesses standard form.
The business cannot exclude its liability for breach, or provide substantially different performance of the contract unless its actions satisfy reasonableness
What does section 31 of the consumer rights act say cannot be excluded?
s 9, 10 and 11 cannot be excluded/restricted
What does section 57 of the consumer rights act say cannot be excluded?
s 49 to supply services cannot be excluded
What does section 65 of the consumer rights act say about the types of liability that cannot be excluded?
Terms which restricts liability for death or injury resulting from negligence
Olley v Marlborough Court
Booked into hotel, a sign in room excluded liability.
Contract was made at reception desk, notice was too late to become a term in contract
Chapelton v Barry
Hired deckchair, receipt said on the back that council is not liable for damage. Chair collapsed and injured. Liable as it was not incorporated into the contract, since it was on a receipt after the contract was made.
