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CONRTACT LAW (Exemption Clauses/ Exclusion/Limitation clauses (Case laws,…

- - - - Check if it fulfills 3 conditions:
        
        1) The clause is incorporated into contract or the other party alerted to it before contract is made
        E.g. By a notice
        
        2) The clause is not void, i.e. , it complies with UCTA (Unfair Contract-Terms Act)
        
        s2(I) Excluding liability for death/personal injury due to negligence ( of organisers/owner) clause is void
        
        s2(2) - excluding liability for other loss/ damage due to negligence (of organisers/ owners)
        Clause is valid if it is reasonable ( court to decide )
        
        3) The clause is clear and unambiguous (ie.clearly covers the damage)
- - - - Oral/Writing
      - Can be made to one,group or world
      - communicated to offeree
    - - 1) ITT ( Advertisements, display of graphs )
        
        Carlill v carbolic smokeball
      - 2) Supply of info
      - 3) Declaration of intent
    - - 1) Revocation
      - 2) Rejection
      - 3) Lapse of time
  - - - 1) Commercial and business agenda( Profit $ )
        
        Presumption intention to create legal relations
        
        Presumption no ICLR
      - 2) Domestic and social agreements
        
        Example:
        
        Both parent and child
        -Both spouse
        -Lifeguard
  - - - Exception:
        
        Contracts under seal ( e.g. deed )
    - - 1) Consideration must be real ( of some value )
        
        Not real consideration
        
        Acts of love/affection
        
        Acts of moral/ social duty
      - 2) Need not be adequate, but must be sufficient
      - 3) Must move from promisee
        
        Privity Of council
        
        Only a party to contract can sue/ be sued
      - 4) Must be legal
      - 5) Must not be past ( Past consideration is NO consideration )
  - - - Absolute-prescribed method
      - Must be communicated to offeror
        
        Silence cannot amount to acceptance
        
        It must be actually received by offeror
        
        Exceptions:
        
        Postal rule
        
        Waiver clause in contract
- - - - Innocent parties/ injured person has the option to:
        
        to discharge/ terminate contract
        
        claim/sue for damage
  - - - Innocent Party
        
        Must still continue the contract
        
        Can sue for damage
  - - - Very serious
        
        Contract is discharged
      - Trivial/Not serious
        
        Continue with contract
        
        Sue for damage