QUESTION 1

• What does a signed contractual document signify?

  Agreement to the terms, regardless of reading
• What case illustrates that a party is bound by terms of a signed document?

  L’Estrange v Graucob
• What must be given for terms to be incorporated under common law?

  Reasonable notice of terms
• Which case suggests that a clause may not be incorporated after payment?

  Thornton v Shoe Lane Parking
• What must be explicitly drawn to the attention of the affected party?

  Onerous or unusual terms
• Which case emphasizes the need for onerous terms to be highlighted?

  Interfoto Picture Library v Stiletto Visual Programmes
• What happens if a party has previously dealt with a company?

  Exemption clauses may be incorporated
• Which case supports the incorporation of exemption clauses through previous dealings?

  Spurling v Bradshaw
• What must the wording of a clause do regarding events or breaches?

  Cover the event without strained construction
• What principle is applied to ambiguous clauses?

  Construed contra proferentem
• Which case requires clear language for negligence liability coverage?

  White v John Warwick
• What does the Consumer Rights Act 2015 apply to?


  B2C contracts
• What is implied under section 49 of the Consumer Rights Act?
• What cannot be excluded under section 65 of the Consumer Rights Act?

  Liability for personal injury from negligence
• What is the fairness test applied to in the Consumer Rights Act?

  Loss or damage clauses
• What additional factors concerning fairness are provided in the Consumer Rights Act?

  Schedule 2 and common law
• Which case discusses fairness under common law?

  George Mitchell v Finney Lock Seeds
• what is the following issues

  guess below

  A)

  B)

  C)

  D)

  E)

  F)

  G)

  H)

  I)

  J)