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Paper 3
Exclusion Clauses
Judicial controls
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Cards (7)
Olley
v
Marlborough Court
Hotel
Incorporation: ECs must be brought to the attention of C before contract formation
Chapelton v Barry UDC
Incorporation
: cannot be a
mere receipt
Parker v South East Railway
Incorporation: must take
reasonable
steps to draw
attention
to ECs
L'estrange
v
Graucob
Incorporation: signatures are
binding
Evans v Andrea Merzario
Construction:
oral
contracts override
writtenwritten
ECs
Houghton v Trafalgar Insurance
Construction:
contra-preferendum
Glynn b
Margretson
Construction: does the
EC
defeatdefeat the main
purpose
of the contract?