Exclusion Clauses in Contract Law: Notice, Signing, and Enforceability, Exams of Law

Download Exclusion Clauses in Contract Law: Notice, Signing, and Enforceability and more Exams Law in PDF only on Docsity! CONTRACT LAW REVIEW NOTES EXCLUSION CLAUSES Definition: Any clause in a contract or term in notice which functioned as to restrict, exclude or modify a liability from party involved in the contract. Control of exclusion clauses by court: To protect the interest of the party who relied upon the exclusion clauses as there is a tendency from the maker of the exclusion clauses to insert unfair terms How? Incorporation of exclusion clauses (signing) -By signing a written document (not signing) -By notice -By course of dealing BY NOTICE • Notice must be given before or at the time of a contract formed. Olley v Marlborough The Court held that the contract has entered into at the reception counter before the plaintiffs have noticed the exclusion clauses in their room. The guest does not see them after they have been accepted as a guest. Notice must be given before or at the time of a contract formed. Thus it was the exclusion clauses is not incorporated into the contract. • Notice must be in documents Thornton v Shoe Lane Parking The court held that a ticket can be no more than a voucher or receipt for the money that has been paid. To be effectively incorporated, the exclusions clauses MUST be in document where contractual terms are expected and not merely found in a receipt. Thus the exclusion clauses is not incorporated into the contract. • Exclusion clause must sufficiently brought to another part Ie, bold the exclusion clauses (something extra done to make it obvious) Henderson v Stevenson