9084 · 3.2.4
Control of exemption clauses
9084 Contract — incorporation, construction, UCTA 1977, and CRA 2015 controls.
Need to know
What you need to know
- Incorporation is the first hurdle for an exemption clause to be valid.
- Three methods: signature, reasonable notice, and course of dealing.
- The 'signature rule' from *L'Estrange v Graucob* is a powerful tool for incorporation.
- Notice must be given before or at the time of contract formation.
- A course of dealing must be both consistent and regular to be effective.
Explanation
Control of exemption clauses
- Incorporation is the first hurdle for an exemption clause to be valid.
- Three methods: signature, reasonable notice, and course of dealing.
- The 'signature rule' from *L'Estrange v Graucob* is a powerful tool for incorporation.
- Notice must be given before or at the time of contract formation.