Which of the following best describes the courts’ approach to exemption clauses:
They consider UCTA first, then incorporation and lastly construction
They consider construction first, then UCTA
They consider incorporation first, then UCTA and lastly construction
They consider incorporation first, then construction and lastly UCTA
True or false: “In George Mitchell v Finney Lock Seeds (1983), equality of bargaining power was the decisive factor in the court’s ruling on UCTA”
False
True
Which of the following statements best describes why the Court of Appeal upheld the exemption clause in Watford v Sanderson ?
There was equality of bargaining power and Watford was given an inducement to accept the term
The availability of insurance and the fact that the computer system was made to special order
Acceptance of liability was dependent on certain conditions being complied with and Watford was given an inducement to accept the term
Watford’s knowledge of the term and the availability of insurance
Which sections of UCTA could be used to challenge a clause which said “All warranties regarding the supply of the Goods, whether express or implied, are hereby excluded.”
Section 2(1)
Section 2(2)
Section 3
Section 6
Section 7
True or false: “Consumers can only rely on section 3 UCTA where the contract is on the supplier’s standard written terms of business”
False
True
Which of the following statements best summarises the contra-proferentem rule ?
An exemption clause will be interpreted widely, in favour of the interests of the party seeking to rely on it
An exemption clause will be interpreted narrowly, against the interests of the party seeking to rely on it
An exemption clause will only be regarded as incorporated if it has been brought to the attention of the other party before the contract was made
An exemption clause will be regarded as incorporated if the contract in which it appears has been signed by the other party
Which of the following cases concerns construction of exemption clauses (as opposed to UCTA):