GoConqr has a new look! Let us know what you think.

Mind map

Exemption Clauses

shannon alderson English

Map content

Exemption Clauses

  1. What type of breach has occurred?

    • s.13 supply of goods and services act- reasonable skill and care
  2. has it been incorporated?

    • signature, notice, course of dealings
      • lestrange v gracub- if you sign your bound
      • olley v Marlborough court hotel
      • chapelton v Barry- must be a contractual document
      • Curtis v chemical cleaning- signature not valid if it was obtained by fraud.
  3. contra proferentem rule

    • is the clauses worded widely or ambigiously
    • if yes then it will be interpreted against the person trying to rely on it
    • Houghton v Trafalgar insurance
  4. Canada steamship rule

    • Canada steamship v R
    • Lord Morton sets out a three stage test
      • mention negligence?
        • ambiguous?
          • anything other than negligence?
  5. Unfair contract terms act 1977

    • s.2- cannot exclude negligence for death/ PI
      • excluding for negligence must be reasonable-s.11
    • schedule 2- guidelines
      • advised?
      • bargaining powers
      • availability of insurance
      • knowledge of terms
      • Rohlig Uk v Rock advertising states that can be used in anything in relation to UCTA
    • relates to business to business contracts
      • business liability
    • s.3- standard written terms
      • british fermenatation products ltd v compair reavell

Information

Description
Mind Map on Exemption Clauses, created by shannon alderson on 21/05/2019.
Views
0
Rating

Feedback

What is it about?

What do you think of the new look?

How do you like it?