Exclusion clauses

• Why was the exclusion clause in Curtis v Chemical cleaning not enforceable?

  The cleaners could not rely on the exclusion clause because of the verbal assurances made to Mrs C. (excluding liability for damage to beads and sequins).
• What is the test for whether a term in a consumer contract is unfair under s.62 CRA?

  contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer
• What kinds of contracts does the Unfair Contract Terms Act 1977 apply to?

  Applies to contacts between businesses only. Provides some protection from exclusion clauses only
• What is the difference between a condition and a warranty?

  Condition: Fundamental part of a contract, breach allows termination. Warranty: Not essential to the contract,
• What type of term was breached in Poussard v Spiers?

  Condition
• Explain the point of law from the Hong Kong Fir Shipping Case

  It introduced the difference between conditions and warranties
• What does the case Schuler v Wickman say about the parties' classification of a term?

  It was a warranty and not a condition and that simply calling a term a condition did not necessarily make it so