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7 Cards in this Set

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Common law

Is clause incorporated into signed contract


If not has it been brought to your attention


Does the clause cover the situation that has arisen

S2(1)

Negligence - not possible to exclude liability on death or personal injury


In case of loss or damage a person cannot restrict his liability for negligence except where reasonable

S3

Express contract terms - Covers clauses excluding express terms liability, reasonableness is applied

S6

Sale of Goods - Applies to contracts under S13 and S14 of SOGA 1979. If consumer clause is void. If not reasonableness is applied

S7

Other contracts - clauses relating to other contracts if consumer they are void otherwise reasonableness test is applied. Only covers the goods, S2 covers service

S11

Reasonableness test - whether the term is fair and reasonable in the circumstances


Contract - clause must be included in contract having regard to the circumstances that the parties should have thought


Tort - must be fair and reasonable to rely on notice having regard to the circumstances when liability arose

S12

Consumer if - Does not make contract in course of business


other party does make contract in course of business


If contract is SOG or hire purchase or as described in S7