Studied by 3 people
Exemption Clause
Limit liability in contracts
CLC Purpose
Limit claims; fairness concerns.
Methods of Incorporation
By signature, notice, and previous course of dealings
Contra Proferentem Rule
Interpret an ambiguous term against the drafter
Statutory Limitations
Unfair Contract Terms Act 1977 & Consumer Rights Act 2015
Incorporation By Signature
Binding if signed; L'Estrange's case.
L'Estrange v Graucob
Signed = bound even if the contract was not read, unless fraud.
Curtis v Chemical Cleaning
Misrepresentation voids clause.
Reasonable Notice
Must be clear at contract start.
Parker v South Eastern Railway
Ticket suffices for notice.
Olley v Marlborough Court Hotel
Notice time matters.
Chapelton v Barry UDC
Tickets can't exclude liability.
Previous Dealings
History shapes expectations.
Spurling v Bradshaw
History suggests terms.
Hollier v Rambler Motors
Infrequent dealings aren't enough.
UCTA S2(1)
No death/personal injury exclusion.
UCTA S2(2)
Only 'reasonable' limit other losses.
Reasonableness Test
Clause insertor shows it’s fair.
CRA S31
No exclusion for implied terms.
CRA S65
No liability exclusion for injury.
Protections Evaluation
Common law + statutory = strong for consumers.
Note 
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