Statutory Control (AQA A-Level Law): Quizzes

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Statutory Control
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What dual approach does UCTA 1977 use to control exclusion clauses?

Some void; others valid if reasonable

Under s2(1) UCTA, what happens to clauses excluding liability for death from negligence?

Automatically void with no exceptions

What does s2(2) UCTA require for clauses excluding liability for property damage from negligence?

Must satisfy reasonableness test

What does s3 UCTA protect consumers from when dealing on a business's standard form contract?

Unfair exclusion/substantially different terms

When is reasonableness assessed under s11(1) UCTA?

At time of contract formation

Which factor is relevant when assessing reasonableness under Schedule 2 UCTA?

Relative bargaining positions of parties

To which type of contracts does CRA 2015 specifically apply?

Consumer contracts (consumer + trader)

What statutory rights relating to goods does s31 CRA 2015 prevent traders from excluding?

Satisfactory quality, fit for purpose, as described

Under s65 CRA, when is a consumer deemed to have voluntarily accepted risk from an exclusion clause?

Not just by agreeing/knowing about term

Which provision provides absolute protection against excluding liability for death from negligence?

Both s2(1) UCTA and s65 CRA 2015

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