More cards in this set

Card 6

Front

Incorporation by reference to another document - attention must still be drawn to the clause itself

Back

Preview of the front of card 6

Card 7

Front

incorporation by previous course of dealings - has to be consistent

Back

Preview of the front of card 7

Card 8

Front

Contra proferentem rule - any ambiguity in the wording of a clause will be construed against the party wishing to rely on it

Back

Preview of the front of card 8

Card 9

Front

Attempting to exclude liability in negligence, must reach high standard of clarity and precision

Back

Preview of the front of card 9

Card 10

Front

Fundamental Breach - rejected and now no more than a guide to construction that is clear and unambiguous

Back

Preview of the front of card 10