Exclusion Clause and Company Contracts - Desklib

Contract Law and
Company Law
• Exclusion Clause
• Company
Contracts

Exclusion Clause
 An express term is a term of the contract which has been contemplated by the
parties and can be added in a contract via a notice or signature.
 An exclusion clause is inserted to limit liability of a person under a contract

Issue
 Whether Jenny would be bound to the exclusion clause which the bus
services have attempted to incorporate into the contract .
 Whether prior notice was provided to her
 Whether she was given sufficient notice
 When was the contract formed between the parties
 Was the exclusion clause clear
 Whether there was any history of similar transactions

Case Law
 L'Estrange V Graucob [1934] 2 KB 394
 Curtis v Chemical Cleaning Co [1951] 1 KB 805
 Oceanic Sun v Fay [1988] HCA 32
 Olley v Marlborough Court Ltd [1949] 1 KB 532
 Thornton v Shoe Lane Parking [1970] EWCA Civ 2