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9 Cards in this Set
- Front
- Back
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Photo Production Ltd v Securicor Transport Ltd |
Plaintiff hired security company, exclusion clause stated that injurious acts by employees didn't cause liability. Employee burns down factory.
Rejects the doctrine of fundamental breach once and for all.
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Position in Ireland on FBoC. |
No legislative equivalent of the Unfair Contract Terms Act 1977. Hence things are less clear.
Initially, Irish courts enthusiastically adopted FB. Clayton Love case. SC approved, but subsequent HC decisions have thrown this into doubt. But of course HC is bound by SC decisons. ESL Consulting Services v Verizon (Ireland) Ltd. Finlay Geoghegan spoke in favour of reconsidering the doctrine especially when related to when it is between two commercial entities. |
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Sale of Goods and Supply of Services Act 1980 |
Provisions exempting things claimed in the title are invalid.
Where buyer is a consumer, terms exempting liability for sale by description, merchantable quality and sale by sample, they're void.
If buyer is not a consumer, terms have to be shown to be fair and reasonable. |
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"Fair and reasonable" terms if customer is NOT a consumer |
Takes into account: -Bargaining Positions -If customer could have entered alternative contract with others -If customer knew about the term |
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Incorporation by signature. |
Read the fine print! L'Estrange v Graucob |
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Incorporation by notice |
Cannot be after contract is conlcuded. Olley v Marlborough Court, hotel case. |
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Onerous terms |
The more onerous, the greater the efforts must be made to bring it to the attention of the other party. Western Meats. |
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Incorporation through a previous course of dealing |
Miley v R and J McKechnie LTD.
Dry cleaner. Given receipt marked "important". |
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Contra proferentem |
Cannot be overly ambiguous so as to favour those who drafted it. Andrews v Singer. |
