Common Law Control (AQA A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What are the two key tests courts use to determine if an exclusion clause can be enforced?
What are the two key tests courts use to determine if an exclusion clause can be enforced?
Incorporation and construction
When must an exclusion clause be brought to the other party's attention to be valid?
When must an exclusion clause be brought to the other party's attention to be valid?
Before or at time contract is formed
What legal principle applies when parties sign a contract containing an exclusion clause?
What legal principle applies when parties sign a contract containing an exclusion clause?
Caveat emptor (let the buyer beware)
In L'Estrange v Graucob (1934), what did the court establish about signed contracts?
In L'Estrange v Graucob (1934), what did the court establish about signed contracts?
Signing binds you to all terms
Why was the notice in Olley v Marlborough Court Hotel (1949) ineffective?
Why was the notice in Olley v Marlborough Court Hotel (1949) ineffective?
Contract formed at reception before notice
In Chapelton v Barry UDC (1940), why was the exclusion clause on the ticket invalid?
In Chapelton v Barry UDC (1940), why was the exclusion clause on the ticket invalid?
Ticket was merely a receipt
In Hollier v Rambler Motors, was 3-4 transactions over 5 years sufficient for previous dealings?
In Hollier v Rambler Motors, was 3-4 transactions over 5 years sufficient for previous dealings?
No, insufficient for consistent dealing
What does the contra proferentem rule mean?
What does the contra proferentem rule mean?
Against the person putting forward
What is required for a clause to successfully exclude liability for negligence?
What is required for a clause to successfully exclude liability for negligence?
Very clear words explicitly referring to it
What happens if a business employee verbally misrepresents an exclusion clause?
What happens if a business employee verbally misrepresents an exclusion clause?
The clause will not be binding