Exclusion Clauses

1. Signed Documents

(a) Describe the test that applies to signed documents containing exclusion clauses.

(b) Explain the decision in Curtis v Chemical Dry cleaning & Dyeing Co ( [1951] 1 KB 805

. Unsigned Documents

(a) Give some examples of unsigned documents that may contain exclusion clauses.

(b) If a customer does not sign a document that contains an exclusion clause, can business operators still rely on the clause to limit or exclude their liability?.

(c) Describe the two rules used ( which must be employed sequentially) to determine the validity of an exclusion clause in an unsigned document.

(d) Explain what did Olley v Marlborough Court decided about the timing of when notice of an exclusion clause must be given.

(e) Explain what Balmain New Ferry Co v Robertson says about the use of signs to give notice of an exclusion clause.

(f) Explain "a prior course of dealing" and how it affects the application of an exclusion clause.

(g) Explain what the case of Hollier v Rambler Motors (AMC) states about how you decide whether constructive notice of an exclusion clause has been given. How is constructive notice different from actual notice of an exclusion clause