Exemption Clause

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)

Reasonableness test

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.