Exclusion Clauses Quiz

What is an exclusion clause?

• A clause that limits liability for certain breaches of contract.

• A clause that excludes liability for certain breaches of contract.

• A clause that includes additional terms to a contract.

• A clause that modifies the main obligations of the contract.

Which case established the principle that exclusion clauses must be incorporated into the contract?

• Carlill v Carbolic Smoke Ball Co

• L'Estrange v Graucob

• Thornton v Shoe Lane Parking

• Chapelton v Barry UDC

What is the 'contra proferentem' rule?

• A rule that interprets ambiguous terms against the party that drafted them.

• A rule that favors the party that did not draft the contract.

• A rule that excludes liability for negligence.

• A rule that limits the scope of exclusion clauses.

Which legislation governs the fairness of exclusion clauses in consumer contracts?

• The Sale of Goods Act 1979

• The Unfair Contract Terms Act 1977

• The Consumer Rights Act 2015

• The Misrepresentation Act 1967

In which case was it held that an exclusion clause must be brought to the attention of the other party before or at the time the contract is made?

• Olley v Marlborough Court Ltd

• Parker v South Eastern Railway Co

• Spurling v Bradshaw

• Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd

What is the effect of an exclusion clause that is deemed to be unfair under the Consumer Rights Act 2015?

• It is automatically void.

• It is enforceable if both parties agree.

• It is subject to judicial review.

• It is enforceable if it is reasonable.

Which case involved a ticket containing an exclusion clause that was not sufficiently brought to the attention of the customer?

• Chapelton v Barry UDC

• Thornton v Shoe Lane Parking

• Curtis v Chemical Cleaning and Dyeing Co

• Hollier v Rambler Motors

What is the primary purpose of an exclusion clause in a contract?

• To add additional terms to the contract.

• To exclude or limit liability for certain breaches.

• To modify the main obligations of the contract.

• To ensure both parties understand their rights.

Under the Consumer Rights Act 2015, what must a business prove to enforce an exclusion clause?

• That the clause was necessary for the contract.

• That the clause was agreed upon after the contract was signed.

• That the clause was clearly communicated to the consumer.

• That the clause was included in the contract.

What is the significance of the case L'Estrange v Graucob in relation to exclusion clauses?

• It established that exclusion clauses must be fair to be valid.

• It established that exclusion clauses must be signed to be valid.

• It established that exclusion clauses must be reasonable to be valid.

• It established that exclusion clauses must be incorporated into the contract.