• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

Card Range To Study



Play button


Play button




Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

27 Cards in this Set

  • Front
  • Back

Terms may be implied by the courts based on local custom or trade

Hutton v Warren

Terms may be implied by the courts based on previous course of dealings between the parties

Spurling v Bradshaw

Terms may be implied by the courts based on presumed intention of the parties


Terms may be implied by the courts due to the type of contract

Liverpool CC

(For s.13 SGA) buyer must reasonably rely on description

Harlington & Leinster Enterprises

(For s.13 SGA) may still apply where the goods have been inspected

Beale v Taylor

The clause will be incorporated by signature if clause is legible and signed by the C, and the document is a contractual document

L'Estrange v Graucob Ltd

If the clause is misrepresented it will be invalid

Curtis v Chemical Cleaning

To be incorporated by notice the document containing the clause must be contractual in nature

Chapelton v Barry Urban DC

To be incorporated by notice, there'd must be either actual notice or constructive notice

Parker v SE Railway

Onerous clauses must be explicitly drawn to the attention of the other party

Thornton v Shoe-Lane Parking

Onerous clause printed on foot of delivery note does not amount to reasonable steps to bring to the other's attention

Interfoto v Stiletto

The reasonable steps to incorporate the term must occur before the contract is finalised

Olley v Marlborough

A course of dealings can provide notice after contract is finalised

Spurling v Bradshaw

Course of dealings: 3-4 times per month over 3 years was course of dealings

Kendall v Lillico

3-4 times in 5 years did not amount to course of dealings

Holier v Rambler

If the signing of the contract is not consistent the course of dealings is not sufficiently consistent

McCutcheon v MacBrayne

If the clause is ambiguous or unclear, the courts will interpret against the party relying on it

Houghton v Trafalgar

Exemption clause for negligence

Canada Steamship

If exemption clause is clearly worded, very serious breaches can be covered

Photo Production v Securicor

In the case of advice:

Were parties of equal bargaining power?

Would it be reasonably practicable too obtain advice from am alternative source?

How difficult is the task?

What are the practical consequences?

Smith v Eric Bush

For limitation clause cases:

Experienced commercial bodies free to make their own bargain?

Was there awareness of limitation clause at time of contract?

+3 others

St Albans v International Computers

Standard industry terms are general reasonable

Schenkers v Overland Shoes

When deciding whether a clause is reasonable, the clause must be considered as a whole

Stewart Gill v Horatio Myer & Co

If a term has separate parts, their reasonableness should be considered separately

Watford Electronics v Sanderson

A clause that excludes liability for misrepresentation, could be read to include exclusion for fraudulent misrepresentation

Thomas Witter v TBP

An exemption clause cannot protect a third party as the private of contract rule provides that on,y a party to a contract can rely on the clause

Adler v Dickinson