Chapter 6: MCQs

Exemption clauses

Quiz Content

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. How can exemption clauses be incorporated into a contract? Please select all that apply.

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. The courts always object to exemption clauses because they allow a party in breach of contract to avoid paying damages for the loss suffered by the innocent party.

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. An exemption clause caught by any of the provisions of UCTA 1977 is unenforceable.

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. The CDA 2015:

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. Contra proferentem means:

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. Match the case to the facts and reasoning.

Karsales v Wallis (1956)

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Suisse Atlantique (1967)

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Harbutts Plasticine Ltd. v Wayne Tank & Pump Co Ltd (1970)

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Photo Production v Securicor (1980)

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. Specific criteria for determining the reasonableness of an exemption clause in a (non consumer) sale of goods contract are to be found in ……… of UCTA 1977.

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. Which of the following has the legal effect of placing a ceiling (a maximum limit), but not a floor (minimum level), on the liability of a party in breach of contract?

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. The controls on unfair terms in Part 2 of the CDA 2015 can only have an impact if the parties to the contract dispute the fairness of the terms in their contract.

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. Clarence books with Royal Luxury Conferences (RLC) a business conference for three nights at The Palace, a five-star hotel in London belonging to RLC, for £800 per delegate. The RLC brochure states that they have the right to change the hotel and substitute it for one of their other London hotels at any time. Which one of the following is correct?

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. A term of a consumer contract may not be assessed for fairness under section
62 of the CDA to the extent that it specifies the main subject matter of the contract or the assessment is of the appropriateness of the price but these exclusions from review only apply if the term is ……….

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. In ………, the early payment commission rate of 1.5% was regarded as a core term and was not reviewable under UTCCR, but the term requiring 3% commission if payment was not made within ten days of completion was a non-core term and was found to be unfair.

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