Exclusion Clauses

?
Incorporated by signature (can be invalidated if there is a misrepresentation as to the effects of the exclusion clause)
L'Estrange v Graucob; Curtis v Chemical Cleaning and Dyeing Co Ltd
1 of 10
Incorporated by notice
Olley v Marlborough Court Hotel
2 of 10
Exclusion clause must be reasonable- party must be made sufficiently aware of its existence before/at the time contract was formed
Parker v South Eastern Railway Co
3 of 10
Incorporation on a ticket
Chapelton v Barry Urban District Council
4 of 10
High degree of notice is required for such a clause to be effective
Thornton v Shoe Lane Parking
5 of 10
Incorporation by reference to another document - attention must still be drawn to the clause itself
Dillon v Baltic Shipping Co Ltd
6 of 10
incorporation by previous course of dealings - has to be consistent
J. Spurling Ltd v Bradshaw
7 of 10
Contra proferentem rule - any ambiguity in the wording of a clause will be construed against the party wishing to rely on it
Houghton v Trafalgar Insurance Co Ltd
8 of 10
Attempting to exclude liability in negligence, must reach high standard of clarity and precision
Hollier v Rambler Motors Ltd
9 of 10
Fundamental Breach - rejected and now no more than a guide to construction that is clear and unambiguous
Photo Production Ltd v Securicor Transport Lt
10 of 10

Other cards in this set

Card 2

Front

Olley v Marlborough Court Hotel

Back

Incorporated by notice

Card 3

Front

Parker v South Eastern Railway Co

Back

Preview of the back of card 3

Card 4

Front

Chapelton v Barry Urban District Council

Back

Preview of the back of card 4

Card 5

Front

Thornton v Shoe Lane Parking

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Contract resources »