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7 Cards in this Set

  • Front
  • Back

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


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


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


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


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


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


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