Exclusion clause recap

What do exemption clauses in contracts potentially aim to do?

• To limit a companies potential loss if a customer changes their mind

• To limit potential liability

• To exclude potential liability

• All of the options

What is the legal principle of L'Estrange v Graucob?

• A consumer will not agree to an exclusion clause if they are mislead about it

• A consumer will agree to all the terms in a contract if they sign a document

• A consumer will agree to an exclusion clause if they have read and signed a contract

• A consumer will agree to an exclusion clause even if mislead about it

Which of the following statements is incorrect

• Notice of an exclusion clause must be given before or as the contract is made

• Previous dealings of parties may imply knowledge of an exclusion clause

• An exclusion clause cannot be misrepresented or it will be completely invalid

• An exclusion clause will be considered accepted, even if a party doesn't read the contract

What was the legal principle in Chapelton v Barry UDC?

• As long as the company has made a reasonable effort to bring the exclusion clause to attention, it will be valid.

• Past dealings will not be enough to imply knowledge of an exclusion clause if the consumer hasn't read the terms before

• A sign with an exclusion clause must be on show before or during the formation of a contract.

• A ticket will usually be seen as a receipt by a consumer and so would not have terms of a contract on it.

What act replace the Sale of Goods Act?

• Unfair Contract Terms Act 1977

• Consumer Rights Act 2015

• Unfair Consumer protection Act 1983

• Consumer protection regulations 2015

When will an exclusion clause considered acceptable?

• When it is fair and reasonable

• When it is stated before or during a contract being made

• When it is clearly written

Which of the following cases is relevant for understanding the timing of when notice should be given in a contract?

• Johnson v Transportation Inc (1988)

• Hollier v Rambler Motors (1972)

• Olly v Marlborough Hotel (1949)

• McCutcheon v MacBrayn (1964)

Which section of the Consumer Rights Act prohibits an exclusion clause from limiting liability under section 49 of the CRA?

(a)  

Which of the following Consumer Rights Act sections does not relate to consumer protection against exclusion clauses?

• Section 57

• Section 72

• Section 34

• Section 65

Under which section of the Consumer Rights Act is there is a requirement for all consumer contract terms and notices to be fair

• s61

• s62

• s63

• s64