Common Law Controls

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Exclusion Clause
Term that allows party to avoid liabilities
1 of 10
Limitation Clause
Limits the liability
2 of 10
General Rule
L'Estrange V Graucob
3 of 10
Party aware at time of contracting
Olley V Marlborough Court Hotels
4 of 10
Past dealings taken into account
McCutcheon V MacBrayne
5 of 10
Attention effectively drawn to clause
Thornton V Shoe Lane Parking
6 of 10
Misrepresentaion means it cannot be relied on
Curtis V Chemical Cleaning Co
7 of 10
Third parties cannot rely on the clause
Scruttons V Midland Silicones
8 of 10
Third parties CAN rely if expressly stated
New Zealand Shipping V Satterthwaite
9 of 10
Cannot rely on clause if too ambiguous
Hollier V Rambler Motors
10 of 10

Other cards in this set

Card 2

Front

Limitation Clause

Back

Limits the liability

Card 3

Front

General Rule

Back

Preview of the front of card 3

Card 4

Front

Party aware at time of contracting

Back

Preview of the front of card 4

Card 5

Front

Past dealings taken into account

Back

Preview of the front of card 5
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