Exclusion clauses

An exclusion clause is part of a contract you have signed, even if you haven't read it. Which case?

• L'Estrange v Graucob (1934)

• Curtis v Chemical Cleaning (1951)

• Chapelton v Barry UDC (1940)

• Thompson v LMS (1930)

An exclusion clause is not part of a contract if you were deceived to its nature or existence. Which case?

• L'Estrange v Graucob (1934)

• Curtis v Chemical Cleaning (1951)

• Chapelton v Barry UDC (1940)

• Thompson v LMS (1930)

Which one of the following is NOT a way to include an exclusion clause in common law?

• Signing a contract with an exclusion clause

• Through a notice

• Through a previous course of dealing between parties.

• Through the Consumer Rights Act 2015

In which of the following cases did the court rule that a ticket for a deckchair was not a contractual document?

• Chapelton v Barry UDC

• Thompson v LMS

• Thornton v Shoe Lane Parking

• Olley v Marlborough Court

In which of the following cases did the court rule that the railway company had taken reasonable steps to warn passengers by putting up notices - even though the claimant couldn't read.

• Chapelton v Barry UDC

• Thompson v LMS

• Thornton v Shoe Lane Parking

• Olley v Marlborough Court

In which of the following cases did the court rule that a serious exclusion clause needs to be a highlighted very strongly.

• Chapelton v Barry UDC

• Thompson v LMS

• Thornton v Shoe Lane Parking

• Olley v Marlborough Court

In which TWO of the following cases did the court rule that the the contract had already been made by the time that the claimant saw the notice, meaning that the exclusion was not part of the contract.

• Chapelton v Barry UDC

• Thompson v LMS

• Thornton v Shoe Lane Parking

• Olley v Marlborough Court

What is the contra proferentem rule?

• If the terms are unclear they will be interpreted against the person who put them into the contract.

• If terms are included in a notice, the party that put them there has to make serious efforts to make the other party aware of them.

• You are bound by an exclusion you have signed even if you have not read it.

• A notice that is only seen after the contract is not included in a contract.

If the terms are unclear they will be interpreted against the person who put them into the contract. Give the name for the rule.

Name the statute that prevents exclusion for death or personal injury in business cases.