Exemption Clause Questions
Type of Contract:
- Business to Business – governed by SGA 1979 and SGSA 1982
- Business to Consumer – governed by the Consumer Rights Act 2015
Breach of Implied Terms?
- Was the harm caused to the claimant a result of a breach of the implied
terms of the relevant act
Incorporation:
1. The clause was in a contractual document which has been signed by the
claimant - L’Estrange v Graucob
2. IF NOT
a. The clauses must be printed of a document of contractual nature -
Chapelton v Barry Urban District Council [1940]
b. Query whether reasonable steps were taken to bring the clause to
claimant’s attention before/ at the time of the contract- Parker v S.E.
Railway.
i. Invoices are given after the contract and so would seem too late
– Olley v Marlborough Court Hotel.
ii. If clause is on the back is there any wording to direct claimant’s
attention to the back from the front - Parker v S.E. Railway.
c. Query whether the clause would be incorporated by a previous
consistent course of dealing – Spurling v Bradshaw.
Construction of Terms: (i.e does wording cover the breach)
1. What types of liability are covered by contract terms
a. Are there conditions to this cover e.g. time period, type of loss
b. Conditions or warrenties
2. What types of liability are excluded by clauses
a. Implied terms
b. Does the term fit with the reasonableness test of UCTA
UCTA:
- What Act did the breach of the implied term fall under
- Consider the relevant section of the UCTA
Type of Contract:
- Business to Business – governed by SGA 1979 and SGSA 1982
- Business to Consumer – governed by the Consumer Rights Act 2015
Breach of Implied Terms?
- Was the harm caused to the claimant a result of a breach of the implied
terms of the relevant act
Incorporation:
1. The clause was in a contractual document which has been signed by the
claimant - L’Estrange v Graucob
2. IF NOT
a. The clauses must be printed of a document of contractual nature -
Chapelton v Barry Urban District Council [1940]
b. Query whether reasonable steps were taken to bring the clause to
claimant’s attention before/ at the time of the contract- Parker v S.E.
Railway.
i. Invoices are given after the contract and so would seem too late
– Olley v Marlborough Court Hotel.
ii. If clause is on the back is there any wording to direct claimant’s
attention to the back from the front - Parker v S.E. Railway.
c. Query whether the clause would be incorporated by a previous
consistent course of dealing – Spurling v Bradshaw.
Construction of Terms: (i.e does wording cover the breach)
1. What types of liability are covered by contract terms
a. Are there conditions to this cover e.g. time period, type of loss
b. Conditions or warrenties
2. What types of liability are excluded by clauses
a. Implied terms
b. Does the term fit with the reasonableness test of UCTA
UCTA:
- What Act did the breach of the implied term fall under
- Consider the relevant section of the UCTA
