Mind map
Exemption Clauses
Map content
Exemption Clauses
What type of breach has occurred?
- s.13 supply of goods and services act- reasonable skill and care
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.
- signature, notice, course of dealings
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
Canada steamship rule
- Canada steamship v R
- Lord Morton sets out a three stage test
- mention negligence?
- ambiguous?
- anything other than negligence?
- ambiguous?
- mention negligence?
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
- s.2- cannot exclude negligence for death/ PI
Information
- Description
- Law Mind Map on Exemption Clauses, created by shannon alderson on 21/05/2019.
- Created by
- shannon alderson
- Views
- 0
- History
-
- Created by shannon alderson · May 21, 2019
- Copied by shannon alderson · May 21, 2019
- Rating