Contract Law Issue and Company Law Issue - Desklib

BUSINESS LAW
CONTRACT LAW
EXEMPTION
CLAUSE
COMPANY LAW
DIRECTORS
DUTIES
MEMBERS
ACTIONS

The Contract Law Issue
 Does Jenny will have to abide by the exemption clause that travel
services have included in the contract?

Exclusion Clause
 The is is a kind of contract term which is included to
limit liability
 The term is an express term and thus is contemplated
before being a part of the contract
 This term requires prior and special notice for
incorporation
 The term is interpreted against the individual adding it
if it is ambiguous

The Rules
 L'Estrange V Graucob [1934] 2 KB 394 states that an individual who
entered a contract via signature have to abide by all the terms
mentioned in the contract even that individual claims that the terms
mentioned in the document has not been read by him.
 Curtis V Chemical Cleaning Co [1951] 1 KB 805- the applicant would not
be bound to this clause even the receipt was signed by her because a
misinterpretation was made by the staff about the receipt from the
applicant.
 Oceanic Sun v Fay [1988] HCA 32 – No prior Notice. A notice must be
provided beforehand or the time while the contract is being formed.