exemption clauses and unfair terms

• signed contractual document indicate?

  The party agrees to the terms irrespective if they have read them L'estrange v Graucob
• What case illustrates that a signature binds a party to terms regardless of reading them?

  L’Estrange v Graucob
• What happens if reasonable notice of terms is not given after payment?

  The clause is not incorporated
• Which cases support the idea that reasonable notice must be given of terms?

  Thornton v Shoe Lane Parking; Chapleton v Barry UDC
• What must be done with onerous or unusual terms?

  They must be explicitly drawn to attention
• Which case emphasizes the need to draw attention to onerous terms?

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

  Exemption clauses may be incorporated
• Which cases illustrate the incorporation of exemption clauses through previous dealings?

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

  It must cover the event without ambiguity
• What principle is applied if there is ambiguity in a clause?

  Contra proferentem
• What type of language must be used to cover negligence liability?

  Especially clear language
• Which cases highlight the need for clear language in negligence liability clauses?

  White v John Warwick; Canada Steamships v The King
• What does the Consumer Rights Act 2015 apply to?

  B2C contracts
• What is implied under section 49 of the Consumer Rights Act 2015?

  RYW must exercise reasonable care and skill
• What does section 65 of the Consumer Rights Act 2015 state?

  Cannot exclude liability for personal injury
• What is the fairness test under section 62 of the Consumer Rights Act 2015 applied to?

  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