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15 Cards in this Set

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What is a a) total exclusion and b) partial exclusion known as?

a) Exclusion clause


b) Limitation clause

Case following from purchase of cigarette machine where contract excluded warranty.

L'Estrange v F Graucob Ltd

Case where client was asked to sign receipt waiving all liability for damage at a laundrette but was told document was just for businesses own protection?

Curtis v Chemical Cleaning Co. Ltd

Case excluding train company from liability to lost bag? Held in favour of plaintiff




Similar case but held in favour of defendant?

Ryan v Great Southern and Western Railway Company




Early v Great Southern Railway Company

Case where the defendant stores barrels of orange juice as a regular customer with a warehouse, has on many times previous signed exclusion clause. On damage to barrels but not signed most recent invoice (with clause) refuses to pay?

Spurling v Bradshaw

Similar case to Spurling v Bradshaw but not held in defendants favour, what is this virtue called?

Virtue of consistent course of dealings.


Case of Hollier v Rambler Motors where car was left with a garage 3-4 times over five years. Found not to be course of dealings and rather number individual transactions.

Exclusion clauses are interpreted under what meaning?

Under contra preferentem i.e. any ambiguity in the clause will be interpreted against the party wishing to rely on it

What does the court takes into account for interpretation of exemption clauses?

Is there notice?


Industry standards


Reasonable/unreasonable liability

The claimant booked into a hotel. The contract was made at the reception desk where there was no mention of an exclusion clause. In the hotel room on the back of the door a notice sought to exclude liability of the hotel proprietors for any lost, stolen or damaged property. The claimant had her fur coat stolen.

Olley v Marlborough Court

What is the legal term given to the interpretation of an exemption clause?

"Construction"

Case where car insurance company terms fail to specifically mention exemption with too many people in car

HOUGHTON V TRAFALGAR INSURANCE

Case where illiterate woman is injured stepping off train and claims exemption clause was not made clear to her - and result

Thompson v London, Midland and Scotland Railway Co - held exemption clause is valid as it is only the responsibility of the company to make it aware to the "reasonable person"

Three stages from CANADA STEAMSHIP LINES LTD V R

1. If clause expressly exempts liability for negligence, liability must be excluded


2. Is ordinary meaning of words wide enough to cover negligence?


3. Could clause cover liability other than negligence? if so, clause will not cover negligence

Case which establishes sufficient notice (train ticket and luggage lost)

Parker v SE Railway

Plaintiffs contracted with the defendants for the transport of quick-frozen scampi under refrigeration. In particular, it was a term of the contract that the goods would be loaded under refrigerated conditions. This was not done, with the consequence that the goods were made valueless. However, two clauses in the contract had the effect of limiting...

clayton love v b&i steam packet