What is an exclusion clause?
- AA term that excludes third parties from the contract
- BA clause allowing termination at any time
- CA term that excludes a party from paying VAT
- DA term that limits or excludes one party's liability
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
What is an exclusion clause?
Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:
Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:
Which statement about the "loss of a chance" doctrine in English medical negligence is correct?
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
Article 79(3) of the German Basic Law (the "eternity clause") forbids amendments that affect:
D and V are playing a properly organised rugby match. D tackles V within the rules and V breaks a leg. D is most likely:
In R v Roberts (1971), a woman jumped from a moving car to escape a sexual assault and was injured. The court held the defendant liable unless her reaction was:
A member state taxes imported whisky more heavily than a similar domestic spirit. Which provision is most directly breached?
In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:
Answer: D · A term that limits or excludes one party's liability
Jurisdiction: general principle, found in most legal systems. Exclusion and limitation clauses restrict liability. They must be incorporated and are controlled by legislation, especially in consumer contracts.
Answer: C · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
Jurisdiction: EU law. Directive 93/13 makes non-individually negotiated terms unfair if, contrary to good faith, they cause a significant imbalance in rights and obligations to the consumer's detriment; such terms do not bind the consumer.
Answer: C · Failed, because they were not in physical danger and were not primary victims
Jurisdiction: law of England and Wales. The House of Lords held that employees and rescuers must meet the normal rules. Without being in danger or reasonably believing they were, they were secondary victims and failed the Alcock criteria.
Answer: C · A lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
Jurisdiction: law of England and Wales. In Gregg v Scott the House of Lords refused to award damages for a reduced chance of survival that was already below 50%, keeping the balance of probabilities test.
Answer: A · Illegality, irrationality and procedural impropriety
Jurisdiction: law of England and Wales. Illegality covers acting outside or misunderstanding powers; irrationality covers Wednesbury unreasonableness; procedural impropriety covers unfair procedures and breaches of required procedures.
Answer: A · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
Jurisdiction: German law. Some core principles, including human dignity, democracy, the rule of law and federalism, cannot be changed even by the normal two-thirds majorities.
Answer: B · Not liable, because players consent to injuries within the rules of the game
Jurisdiction: law of England and Wales. Players impliedly consent to contact within the rules and to risks reasonably incidental to the game; deliberate off-the-ball violence is different (R v Barnes).
Answer: B · So "daft" or unexpected that no reasonable person could have foreseen it
Jurisdiction: law of England and Wales. A victim's reaction does not break the chain if it was within the range of responses reasonably foreseeable; only a daft reaction would.
Answer: B · Article 110 TFEU on discriminatory internal taxation
Jurisdiction: EU law. Article 110 prohibits internal taxes that discriminate against similar products from other member states or protect competing domestic products.
Answer: D · An act of general application other than a legislative act
Jurisdiction: EU law. Legislative acts adopted under a legislative procedure are not regulatory acts, so the applicants needed individual concern and failed.
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