BLAW Week 4 Tut 4 Mindmap Exclusion Clauses by Rachiee lychhe https://padlet.com/racheltanherehi/1ddtaugahfx79rgc Made with magic en-us 2020-05-05 13:57:57 UTC 2025-10-02 21:38:21 UTC hello@padlet.com https://padlet.net/icons/png/1f431.png Exemption/Exclusion Clauses racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552160021 Used in a contract by a commercially stronger party to protect themselves by EXCLUDING/LIMITING the liability of the party in breach of contract.
  • Limitation of Liability: seeks to limit its liability
  • Exclusion of Liability: seeks to completely exclude liability
]]> 2020-05-05 14:02:27 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552160021 Incorporation of exclusion clause into the contract racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552169321 Ways the innocent party may challenge the other party’s reliance on an exclusion clause]]> 2020-05-05 14:05:18 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552169321 Signed Documents racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552170369
  • Any party signing a contract = understood to have read, understood and agreed to the terms and conditions.
    • ]]>     2020-05-05 14:05:38 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552170369     Unsigned Documents racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552171416 Only be regarded as being part of the contract if the other party knew of the exclusion clause or its existence.

    ]]>     2020-05-05 14:05:59 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552171416     Covers the damage racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552173676
  • Must be properly worded to cover the situation where liability is being excluded.
  • Ambiguous wording = interpreted it in the least favourable manner to the party who inserted it into the contract (against the party relying on the clause)
    • ]]>     2020-05-05 14:06:42 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552173676     Unfair Contract Terms Act (UCTA) racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552176502 in the case of the exclusion clause being rendered void by law]]> 2020-05-05 14:07:35 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552176502 Reasonableness racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552181040 If an exclusion clause is unreasonable, it would be deemed void even if it had been incorporated into the contract.

    Unreasonable = ineffective]]>     2020-05-05 14:08:48 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552181040     Scope of UCTA racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552181886 Operation of the provisions of UCTA is mainly visible in business liability cases or consumer transactions. ]]> 2020-05-05 14:09:05 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552181886 Scope of Sections 2(1) and 2(2) UCTA racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552183051 2020-05-05 14:09:28 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552183051 Instances where exclusion clauses are deemed invalid by UCTA racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552186689 2020-05-05 14:10:37 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552186689 Instances where exclusion clauses are deemed valid racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552190139 Based on fairness and reasonableness]]> 2020-05-05 14:11:41 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552190139 In order for the party to rely on the exclusion clause: racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552267646
  • Reasonable steps are taken to bring it to attention of the other party before/at the time of the contract.
    • ]]>     2020-05-05 14:35:48 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552267646     4 considerations in determining reasonableness racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552302896
  • The bargaining positions of the parties 
    • Are both parties on equal footing?
  • Whether the customer had received an inducement to agree to the term
    •  Were incentives given to enter into a contract?
  • If the customer had knowledge of the exclusion clause
    •  Did the other party know about the clause?
  • Whether it is practical to comply with the exclusion clause
    •   Does it make sense to follow the clause?
    • ]]>     2020-05-05 14:46:41 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552302896     Business Liability racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552316889
  • Liability arising from things done in the course of business or professional activities 
    • ]]>     2020-05-05 14:51:01 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552316889     Consumer Transactions racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552318033
  •  aka Consumer contracts = individuals enter into contracts with other people who acts in the course of business (goods ordinarily supplied for private use or consumption)
    • ]]>     2020-05-05 14:51:23 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552318033     Section 2(1) UCTA racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552323872
  • The exclusion clause that restricts or limits liability for death or personal injury arising from negligence is void. 
    • ]]>     2020-05-05 14:53:12 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552323872     Section 2(2) UCTA racheltanherehi https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552325201
  • Exclusion clause that a person can restrict or limit liability for negligence in relation to other types of loss or damage if the term or notice of exclusion is reasonable
  • Reasonable = valid
    • ]]>     2020-05-05 14:53:35 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/552325201     In order for the party to rely on the exclusion clause: https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/557388114
  • There had been a course of past dealings between the parties.

    • ]]>     2020-05-07 13:24:42 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/557388114     https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561510387
  • Section 2(1) UTCA
  • Breach of an implied term as to title under Section 12 of SOGA in contracts for sales of goods or hire purchase in a business liability case or a consumer transaction.
  • Breach of:
    • an implied term as to description under Section 13,
    • satisfactory quality under Section 14(2), and 
    • fitness for purpose under Section 14(3) in contracts for sales of goods or hire purchase in consumer transactions.
    • ]]>     2020-05-09 14:29:59 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561510387     Section 14(2) of the SOGA https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561518681 “Where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of satisfactory quality.”]]> 2020-05-09 14:37:10 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561518681 Section 13(1) of the SOGA https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561524963 Where there is a contract for the sale of goods by description, there is an implied condition that the goods will correspond with the description.]]> 2020-05-09 14:42:29 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561524963 Section 14(3) of the SOGA https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561527652 Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known —
    (a) | to the seller; or
    (b) | where the purchase price or part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker,
    any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely on, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.]]>     2020-05-09 14:44:55 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561527652     https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561537101
  • If there is property loss or damage arising from business party's negligence
  • Breach of:
    • an implied term as to description under Section 13,
    • satisfactory quality under Section 14(2), and 
    • fitness for purpose under Section 14(3) in contracts for sales of goods or hire purchase in a business to business contract
    • ]]>     2020-05-09 14:52:11 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561537101     Section 12 (2) SOGA https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561546431 In a contract of sale, other than one to which subsection (3) applies, there is also an implied warranty that —
    (a) | the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made; and
    (b) | the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.]]>     2020-05-09 15:00:18 UTC https://padlet.com/racheltanherehi/1ddtaugahfx79rgc/wish/561546431