Week 10

Question 1

What is a plaintiff

Answer 1

person who initiates the lawsuit

Question 2

What is an exclusion clause

Answer 2

Term in a contract that excludes or limits liability of a defendant from liability to a plaintiff

Question 3

What are the 5 ways to incorporate exclusion clauses?

Answer 3

1. Signature
2. Notice
3. Unsigned Document (think docket)
4. Previous consistent course dealings
5. Common understanding between the parties

Question 4

Receive an unsigned document (e.g. docket) what are the three items required in order to be bound by the terms and conditions?

Answer 4

1. Reasonable to assume that its a contractual document
2. Notice of the terms given to the person
3. Steps 1 and 2 to occur prior to entering in the contract

Question 5

What is contra proferetum?

Answer 5

if contract is ambiguous, interpreted in the favour against the party for whose benefit the clause applies

Question 6

What needs to happen for an exclusion clause to apply?

Answer 6

it is brought to the attention of the other party