Question
How does consumer law apply to exclusion clauses? Which is the most correct? Consumer law, both under common law and legislation, generally limits the ability
How does consumer law apply to exclusion clauses? Which is the most correct?
Consumer law, both under common law and legislation, generally limits the ability of a contractor to enforce an exclusion clause; certain terms as to quality and fitness will apply irrespective of any attempts to limit liability
Consumer law will uphold all exclusion clauses, as long as they were brought to the notice of the consumer
Courts will only uphold exclusion clauses in a contract with a consumer where the consumer has signed the agreement, in which case the rule of L'Estrange v Graucob applies
A court will not intervene in a contract containing an exclusion clause; the consumer will however be able to seek redress from a government agency concerned with consumer law
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