Contract Law - Exclusion and Limitation Clauses

A term excluding or restricting liability is an _e_______ clause.

exclusion

A term limiting the amount of liability is a _l_______ clause.

limitation

An exclusion clause attempts to exclude legal _l_______.

liability

A limitation clause restricts the extent of __l______.

liability

An exclusion clause must first be properly i________.

incorporated

A clause may be incorporated by signature, notice or course of _d_______.

dealing

A signed contractual document generally makes the signer __b______ by its terms.

bound

Reasonable __n______ may incorporate an exclusion clause into a contract.

notice

A consistent course of previous transactions is called a course of _d_______.

dealing

The court first considers whether the clause forms part of the c________.

contract

The process of deciding whether a clause covers the dispute is called ________.c

construction

Construction focuses on the meaning of the contractual ________.w

words

Courts interpret exclusion clauses using the ordinary meaning of the ________.l

language

Any ambiguity in an exclusion clause may be interpreted against the party relying on it under the _c___p____ rule.

contra proferentem

The contra proferentem rule applies where contractual wording is __a______.

ambiguous

An exclusion clause cannot normally exclude liability for __d______ caused by negligence.

death

Liability for death or personal injury caused by negligence is controlled by the _U_______ Contract Terms Act 1977.

Unfair

The abbreviation UCTA refers to the Unfair Contract Terms Act ___19_____.

1977

UCTA mainly applies to _b_______ contracts.

business

UCTA uses the _r_______ test to assess many exclusion clauses.

reasonableness

A clause must satisfy the requirement of r________.

reasonableness

The Consumer Rights Act ___20_____ protects consumers from unfair contract terms.

2015

The abbreviation CRA refers to the Consumer Rights Act _20_______.

2015

The CRA mainly applies to _____c___ contracts.

consumer

The CRA requires consumer terms to be ___f_____.

fair

An unfair consumer term is generally not __b______ on the consumer.

binding

A consumer is a person acting outside their trade or _p_______.

profession

Transparency requires contractual terms to be clear and __u______.

understandable

Prominence requires important terms to be brought to the consumer's _a_______.

attention

A clause may be ineffective if it fails the __f______ test.

fairness

The court considers both incorporation and __c______ before applying a clause.

construction

An exclusion clause cannot protect a party unless it covers the relevant ___b_____.

breach

A limitation clause reduces liability rather than completely e________ it.

excluding

The purpose of statutory control is to protect weaker __p______.

parties

Exclusion clauses are subject to both common law and _s_______ control.

statutory

The enforceability of an exclusion clause depends on incorporation, construction and ___s_____ control.

statutory

A clause attempting to avoid contractual responsibility is an __e______ clause.

exclusion

The key legislation governing business exclusion clauses is _U_______.

UCTA

The key legislation governing consumer contract terms is the _C_____.

CRA