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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.

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.

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.

Curtis v Chemical Cleaning & Dyeing Co.

Exclusion clauses cannot be incorporated if misrep has occured; whether fraudulently or innocently.

L'estrange v Graucob

Exclusion clauses are incorporated by signature through constructive notice.

Olley v Marlborough Court Ltd

Exclusion clauses must be made known before the contract is entered into.

Harvey v Ascot Dry Cleaning

Reasonable steps must be taken to bring an exclusion clause to the notice of the plaintiff.

Chapelton v Barry

Exclusion clauses may only be incorporated into reasonably contractual documents.

Holmes v Burgess

Exclusion clauses can exclude SOGA.