What 4 controls did the courts develop for exclusion clauses?
Signed agreement, knowledge of the existence of the clause at the time the contract was formed, doing enough to make the other party aware of it, promises and misrepresentations made by the seller about the scope of the clause.
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How does the Unfair Contract Terms Act protect consumers? (4)
It distinguishes between consumer purchases and inter-business deals, make certain types of exclusion invalid so that they cannot be enforced against the consumer, it makes other types of reasonable exclusion clause enforceable , creates tests.
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Under the Unfair Terms in Consumer Contracts Regulations 1999 what is a seller/ supplier defined as?
Any person who sells or supplies goods or services and who in making a contract is acting for purposes related to his business.
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Under the Unfair Terms in Consumer Contracts Regulations 1999 what is a consumer defined as?
Any natural person who is acting for purposes which are outside his trade, business or profession.
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What are the 3 essential features of a consumer contract?
The consumer does not make a contract in the course of a business, the other party does not make a contract in the course of a business an the goods passing under the contract are of a type ordinarily supplied for private use or consumption.
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What test do exclusion clauses have to pass to ensure they are reasonable?
The test of reasonableness.
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Why will an exclusion clause not succeed unless it is incorporated into a contract?
So the party subject to it must be aware of it at the time of contracting, although the consumer may be bound by the terms because he actually knows of past dealings.
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Give ONE example of a case in which the clause was ambiguous.
Hollier v Rambler Motors
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Which 3 types of exclusion clause which are invalid against a consumer?
Exclusion for liability of death or personal injury caused by the seller's negligence, liability for breaches of implied condition of description and exclusion for liability for defects caused by the manufacturer's negligence or distribution of goods
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Other cards in this set
Card 2
Front
How does the Unfair Contract Terms Act protect consumers? (4)
Back
It distinguishes between consumer purchases and inter-business deals, make certain types of exclusion invalid so that they cannot be enforced against the consumer, it makes other types of reasonable exclusion clause enforceable , creates tests.
Card 3
Front
Under the Unfair Terms in Consumer Contracts Regulations 1999 what is a seller/ supplier defined as?
Back
Card 4
Front
Under the Unfair Terms in Consumer Contracts Regulations 1999 what is a consumer defined as?
Back
Card 5
Front
What are the 3 essential features of a consumer contract?
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