Contract 4 - UCTA

Question 1

What are the rules on exemption clauses on UCTA for Liability for Death/PI from Negligence?
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Answer 1

void, cannot do so
☠️🤕❌

Question 2

What are the rules on exemption clauses on UCTA for that can be excluded
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Answer 2

• other negligence 🤡
• Breach of Statutory Implied Terms (S13-15 SGA) 🪆
• Breach of Contract: doesn’t apply if term is in a negotiated contract 📑🔥

Question 3

What is the reasonableness test under UCTA?
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Answer 3

fair & reasonable

Guidelines:
- Bargaining powers 💪
- Where customer received an inducement to agree to the term or had similar contract opportunities with other persons 💝👀
- Customer knew/ought reasonably of existence/extent of term 💡👀
- Reasonable at time to expect compliance is practicable ⚖️
- Goods manufactured, processed or adapted to special order 🪡👘