(a)

(i) Problems with exclusion clause:

Incorporation
Interpretation
UCTA
UTCCR
(ii) Incorporation of exclusion clause in a contract:

By signature or contractual agreement Lestrannge vs Graucob

By reasonable notice- Parker vs South eastern railway
Timing- Thornton vs Shoe Lane Parking
Legible exemption clause-Curtis vs Chemical cleaning
Unusual clause- Spurling vs Bradshaw

(iii) Clause is not incorporated in contract timing not reasonable, customer

is made aware after contract has been made Olley vs Marlborough court
(b)
(i) UCTA: relates to exclusion clauses as used in agreements between
organisations while UTCCR is a UK statutory instrument which implements
the EU into domestic law
UTCCR-piece of secondary legislation, applies only to contract, any term can
be unfair, own test of fairness
UCTA: No restriction on application, test of reasonableness to decide if terms
are unfair
(ii) Clause not reasonable UCTA provision cover is for exclusion of liability for
negligence-however business cannot exclude or restrict liability to death, if a
person is aware of an exclusion clause-not to be taken as a voluntary
acceptance of risk
(iii) No
(iv) Express term: Stated or written by 2 parties in the contract or have been
verbally agreed to
Implied term: Can be read in the contract by considering the intentions of the
parties, the facts of the agreement and the law on specific contracts put in
by courts