Exclusion Clauses 0.0 / 5 ? LawContractUniversityAll boards Created by: sofiyaagaevaCreated on: 18-01-18 12:56 Incorporated by signature (can be invalidated if there is a misrepresentation as to the effects of the exclusion clause) L'Estrange v Graucob; Curtis v Chemical Cleaning and Dyeing Co Ltd 1 of 10 Incorporated by notice Olley v Marlborough Court Hotel 2 of 10 Exclusion clause must be reasonable- party must be made sufficiently aware of its existence before/at the time contract was formed Parker v South Eastern Railway Co 3 of 10 Incorporation on a ticket Chapelton v Barry Urban District Council 4 of 10 High degree of notice is required for such a clause to be effective Thornton v Shoe Lane Parking 5 of 10 Incorporation by reference to another document - attention must still be drawn to the clause itself Dillon v Baltic Shipping Co Ltd 6 of 10 incorporation by previous course of dealings - has to be consistent J. Spurling Ltd v Bradshaw 7 of 10 Contra proferentem rule - any ambiguity in the wording of a clause will be construed against the party wishing to rely on it Houghton v Trafalgar Insurance Co Ltd 8 of 10 Attempting to exclude liability in negligence, must reach high standard of clarity and precision Hollier v Rambler Motors Ltd 9 of 10 Fundamental Breach - rejected and now no more than a guide to construction that is clear and unambiguous Photo Production Ltd v Securicor Transport Lt 10 of 10
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