Exemption Clauses

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