Self-test questions_exemption clauses and unfair terms

1. What are the two approaches to the question of the nature of exemption clauses? (2)

2. What does a party need to show in order to rely on an exemption clause in a contract to which he is a party? (3)

3. When, if ever, will an exemption clause be construed to cover negligence liability? (4)

4. Explain the liability arising on the facts in Alderslade v Hendon Laundry. (2)

5. What is the effect of a fundamental breach on an exemption clause in the contract? (2)

6. What do we mean by negligence liability in the context of exemption clauses? (3)

7. Give four examples of instances when the reasonableness test will apply under UCTA 1977. (4)

8. In what way does s.13 UCTA 1977 extend the definition of the clauses that are subject to regulation under the Act? (3)

9. What types of breach does s.6 UCTA apply to? (1)

10. To what kind of contract does the Consumer Rights Act 2015 apply? (3)

11. List five factors that the courts will consider in assessing reasonableness under UCTA. (5)

12. How is the “unfairness” of a term determined under the Consumer Rights Act 2015? (5)

13. Explain the distinction between an exclusion clause and a limitation clause. In what way might it be said that the courts treat limitation clauses more favourably? (3)