Contract Law: Exclusion Clauses

These flashcards cover the key concepts related to exclusion clauses in contract law as discussed in the provided lecture transcript.

An exclusion clause is a term in the contract which states that one party isn't going to be liable if they __ the contract.

breach

Exclusion clauses can allocate __ amongst parties in a contract.

risk

A clause which limits liability is sometimes referred to as a __ clause.

limitation

The three types of rules to check when dealing with exclusion clauses are incorporation, __, and legislation.

construction

For a clause to be incorporated by notice, it must be brought to the other party's attention before the __ is concluded.

contract

If a clause is ambiguous, it is interpreted against the party relying on it, which is known as the __ rule.

contra proferentem

The Unfair Contract Terms Act 1977 applies to exclusion clauses in contracts between __.

businesses

The Consumer Rights Act 2015 states that attempts to limit implied statutory terms about the quality of goods or standard of service are __.

prohibited

Under the CRA, a term is considered __ if it creates an imbalance between the parties.

unfair

The rules in ACTA apply to both exclusions of liability and limitations of __.

liability

To be transparent, a term must be expressed in __ and intelligible language.

plain

A clause that excludes liability for a party's death or personal injury caused by negligence is __ under the UCTR.

void

To incorporate a term by __, the parties must have dealt on the same terms in the past.

course of dealing

If a term is deemed unfair under the CRA, it is not __ on the consumer.

binding

A term specifying the main subject matter of the contract is exempt from the __ test under the CRA.

unfairness

If one party was under pressure when entering into a contract, the __ of the clause is likely to be questioned.

reasonableness