Common Law Control (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Two key tests for exclusion clause enforcement
Two key tests for exclusion clause enforcement
Incorporation and Construction
Legal principle in incorporation by signature
Legal principle in incorporation by signature
Caveat emptor (let the buyer beware)
L'Estrange v Graucob (1934) principle
L'Estrange v Graucob (1934) principle
Signing binds you to all terms, even if unread
When exclusion clause must be communicated
When exclusion clause must be communicated
Before or at the time the contract is formed
Olley v Marlborough Court Hotel (1949) key principle
Olley v Marlborough Court Hotel (1949) key principle
Notice in room too late - contract formed at reception
Chapelton v Barry UDC (1940) decision
Chapelton v Barry UDC (1940) decision
Ticket was receipt only, not contractual document
Hollier v Rambler Motors - previous dealings frequency
Hollier v Rambler Motors - previous dealings frequency
3-4 times over 5 years insufficient for incorporation
Contra proferentem rule meaning
Contra proferentem rule meaning
Ambiguity interpreted against party relying on clause
Contra proferentem literal translation
Contra proferentem literal translation
Against the person putting forward
Words needed to exclude negligence liability
Words needed to exclude negligence liability
Very clear, express words - vague language insufficient