EXCLUSION CLAUSE FORMAT.docx - EXCLUSION CLAUSE NO 1 INTRODUCTION For to rely on an exemption clause to exclude liability four main conditions must be

EXCLUSION CLAUSE FORMAT.docx - EXCLUSION CLAUSE NO 1...

This preview shows page 1 - 2 out of 4 pages.

EXCLUSION CLAUSE NO. 1 INTRODUCTION For _________ to rely on an exemption clause to exclude liability, four main conditions must be established NO. 2 INCORPORATION (2 WAYS) An exemption clause can be incorporated into a contract by two ways: Signature or Notice. Signature In this context, through the signing of the contractual document by _________, the exclusion clause I successfully incorporated into the contract. This is pursuant to the ruling in L’Estrange v Graucob (1934): when a contractual document is signed, in the absence of fraud or misrepresentation, the party signing is bound and it is immaterial whether he has read the document. Notice (look at guidelines) In this context where there was no signing of any document which included the exclusion clause, the exclusion clause can still be incorporated if it can be shown that the _________ gave reasonable sufficient notice of the exemption clause. (a) Contemporaneity To be effective, the notice must be given before or at a time the contract was made. If it was given after the contract has been made, it is too late for the notice to be incorporated into the contract. In this case, notice was __________ (given before/after) and pursuant to the ruling in Olley v Marlborough Court Ltd (1949) : The English court of appeal held that the contract was already formed before the couple entered into the room, and that therefore, the notice given on the bedroom wall was too late. Likewise, _____________(link to similarity in case). Therefore the notice would be incorporated/ not incorporated into the contract. (b) Reasonably Sufficient Notice This means that reasonable steps must have been taken to bring the notice to the attention of the injured party – the notice must be sufficiently conspicuous and legible. In this context, __________ (describe how notice was sufficiently conspicuous and legible). As per Lord Denning in Thornton (1971): In order to give sufficient notice, it would need to reprinted in red ink and with a red hand pointing to it, or something equally startling. Example: In addition, there must exist reasonably sufficient notice. This is fulfilled by looking at the terms used to described the notices and signboards in the text – “prominently” and

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture