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31 Cards in this Set

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  • Back
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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


s2 covers ?


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 ?


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