Discuss the development of judicial and statutory controls on the use of exclusion clauses in consumer contracts.

It has now been firmly established that courts will only recognise exclusion clauses if they have been incorporated into the contract.

Grade: A-C | £3.99.

This essay discusses exclusion clauses and examines the rules the courts have developed to determine whether exclusion clauses are enforceable.

Cases used as examples include:

Olley v Marlborough Court Hotel Ltd (1949):

L'Estrange v Graucob (1934):

Spurling Ltd v Bradshaw (1956):

McCutcheon v MacBrayne (1964):

Chapelton v Barry UDC (1940):

Thompson v London Midland and Scottish Railway (1930):

Parker v South Eastern Railway Co (1877):

Thornton v Shoe Lane Parking (1971):

Andrew Bros (Bournemouth) Ltd v Singer & Co Ltd (1934):

Hollier v Rambler Motors (1972)

The essay looks at the influence of Parliament on the effect of exclusion clauses with the Unfair Contract Terms Act and The Unfair Terms in Consumer Contracts Regulations 1999.

As always the essay lends itself to further research and development according to individual needs

(Word Count 2084)

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