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7 Cards in this Set
- Front
- Back
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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 |
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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 |
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S3 |
Express contract terms - Covers clauses excluding express terms liability, reasonableness is applied |
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S6 |
Sale of Goods - Applies to contracts under S13 and S14 of SOGA 1979. If consumer clause is void. If not reasonableness is applied |
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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 |
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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 |
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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 |
