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9 Cards in this Set
- Front
- Back
Nesbitt v Porter |
For the CGA 1993 to apply, the goods in question should be of a kind ordinarily acquired for personal use. |
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Producer Meats Ltd v Thomas Borthwick & Sons Ltd |
Ambiguous exclusion clauses will be interpreted in the manner less favourable to the party who inserted the clause into the contract. |
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J Spurling v Bradshaw |
Exclusion clauses are incorporated through regular and frequently occuring previous course of dealings, even with no constructive knowledge given at latest contract. |
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Curtis v Chemical Cleaning & Dyeing Co. |
Exclusion clauses cannot be incorporated if misrep has occured; whether fraudulently or innocently. |
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L'estrange v Graucob |
Exclusion clauses are incorporated by signature through constructive notice. |
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Olley v Marlborough Court Ltd |
Exclusion clauses must be made known before the contract is entered into. |
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Harvey v Ascot Dry Cleaning |
Reasonable steps must be taken to bring an exclusion clause to the notice of the plaintiff. |
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Chapelton v Barry |
Exclusion clauses may only be incorporated into reasonably contractual documents. |
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Holmes v Burgess |
Exclusion clauses can exclude SOGA. |