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1: Time of incorporation

2: Previous Course of
dealing

Photo Production v Securicor Transport


Ltd (1980)

4: Spectrum of the
clause

LEstrange v F Graucob Ltd (1934)

3:
Signatures

5: Contra Proferentem rule: Test for


ambiguity
The contra proferentem rule states, broadly, that where there is doubt
about the meaning of the contract, the words will be construed against
the person who put them forward.

6: Negligence liability (s 2)
Section 2(1) says that in relation to personal injuries caused by negligence
there can be no exclusion of liability.
2(2) says that an exclusion clause will only be liable insofar as it satisfies
the requirement of reasonableness.
This is set out in s 11, and states that a clause must be a fair and
reasonable one to have been included in the contract. The test relates to
the time the contract was made, not the time when it was broken

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