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16 Cards in this Set
- Front
- Back
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What is a limitation clause ? |
Where a party limits liability in a contract. |
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What is an exclusion clause? |
Where a party tries to avoid any liability at all in a contract |
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What is incorporation ? |
The term in the contract. |
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What is construction ? |
Can the damage which has occurred be interpreted as falling within the boundaries of the exemption clause? |
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What is legislation ? |
Is the term allowed within current statute Law? |
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What is the case of Olley v Marlborough court 1949? |
-Conditions were on the back of the door of the hotel room were not incorporated as the contract had already been concluded at the front desk. |
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What is the case of Thornton v shoe lane parking? |
Terms found on back of ticket were not incorporated into a contract as they came often contract was completed. |
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What is the case of Parker v South Eastern Railway? |
Court held that an individual cannot escape a contractual term by failing to read the contract. |
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What is the first ratio for exemption ? |
Must not come too late |
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What is the second ratio for exemption? |
The term must be brought to attention of the other party in a reasonable way. |
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What is the case of Chapelton v Barry UDC 1940? |
A term included in a receipt cannot incorporate terms into a contract if the contract has already been completed. |
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What is the 3rd ratio? |
If the document is regarded in a contractual manor then it is usually deemed to be incorporated into the contract - ticket cases for example are not of contractual type. |
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What is the case of Hollier v Rambler Motor 1972? |
It was held that 4 transactions over 5 years is not sufficient to establish a course of dealing and therefore the exemption clause was not incorporated to cover damage for a car. |
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What is the case of McCutcheon v McBrayne ? |
A term is not incorporated when there is an inconsistent course of meaning. A ferry sank with the claimants car and they didn’t sign a disclaimer. |
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What is the contra Proferentem rule? |
Any doubt or ambiguity in an exemption clause will be interpreted against the person seeking to rely on it (or proffering it) |
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Explain the case Hollier v Rambler Motors in terms of construction. |
The court also held that a customer could understand the clause to mean that the defendants were not liable for a fire caused without their negligence. |
