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31 Cards in this Set

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Before turning to UCTA 1977 what must one first apply ?

The common law tests


What are the common law tests one might apply to a contract term ?

  • Incorporation
  • Construction

s1 covers ?

Scope (of the Act)


1(1) says ?

That 'negligence' means

A) obligation from express or implied terms to take reasonable care or exercise reasonable skill in performance

B) any common law duty to take reasonable care or exercise reasonable skill

C) Occupiers Liability Act 1957


What is the scope of the act ?

Negligence def, general exceptions, business application, irrelevance of intention or direct/vicarious liability

Later

s2 covers ?

Negligence


2(1) says ?

There is NO restriction of liability for DEATH or PERSONAL INJURY


s2(2) says

For other loss/damage the exclusion term must satisfy a requirement of reasonableness to apply


s2 applies for ?

Tort negligence in contract !


s2 does not apply for ?

Where equipment is faulty


What section applies for faulty equipment (along lines of s14(2) SGA 1979) ?

s6 of this Act


s3 covers ?

Liability arising in contract


s3 is important where ?

There is no implied term concerning supplied goods and negligence is not the cause of the breach


Example of s3 liability in Act ?

One for breaking an express term e.g regarding date of delivery)


s3 is subject to ?

'Reasonableness' test - s11


s3 never ?

Renders a term void


s6 covers

Sale and hire purchase

(Relating to sale of goods)


What cannot be excluded always as a result of s6 ?

- any liability under Sale Of Goods Act 1979

- where the claimant 'deals as consumer' (s12) - 6(2)


Under s6 where not dealing as consumer how does one exclude the 'unfair' term in question using this Act ?

By satisfying the reasonableness test of s11 - 6(3)


s7 covers ?

Miscellaneous contracts under which goods pass


s7 is designed to cover contracts that would normally also come under ?

Supply of Goods and Services Act 1982


s7 is only supposed to be used though when ?

When it is the goods in a 'supply of' contract that are at issue and NOT (workmanship) negligence


So which section of this Act do I apply for a workmanship issue in a SGSA 1982 style situation ?

s2 regarding negligence


Like s6, s7 can only apply where ?

The claimant 'deals as consumer' (s11) or the 'reasonableness' test is disproved (s12)


s11 covers ?

The 'reasonableness' test


Reasonableness requires of the exclusion term ?

That it must be fair and reasonable to have included this term in the contract


What are the reasonableness test ?

That inclusion was fair and reasonable "having regard to the circumstances which were or ought reasonably to have been know or in the contemplation of the parties when the contract was made"


Reasonableness guidance is found in ?

Sch2 of this Act -

It will come down to case specifics and the court will take all relevant circs into account


Dealing as consumer comes under ?

s12


When does a party deal as consumer (1) ?

When the contract is not made in course of business (or held out as doing so)


When does a party deal as consumer (2) ?

The contract is a sale of goods one (s6) or a supply contract (s7) where the goods are supplied for private use