篩選結(jié)果 共找出30題

Which of the following exclusion clauses is void under the Unfair Contract Terms Act 1977??

A

A clause that excludes the condition that the seller has a right to sell the goods?

B

A clause that excludes liability for loss of profit due to negligence?

C

?A clause that excludes liability for breach of contract?

D

?Any exclusion clause in a contract of insurance?

Which of the following statements concerning the Consumer Rights Act 2015 is correct??

A

?The Act only applies to business-to-consumer contracts?

B

?The Act only applies to terms that have been individually negotiated?

C

?The Act requires particularly onerous terms to be equally visible as other terms?

D

?The Act only applies to contracts that have been verbally agreed?

Which of the following statements concerning the Unfair Contract Terms Act 1977 is correct??

A

?The Act only applies to business-to-business contracts?

B

?The Act does not apply to terms that have been individually negotiated?

C

?The Act applies to contracts regarding a transfer of an interest in land?

D

?The Act automatically voids all clauses that restrict liability for loss or damage due to negligence?

Which of the following may imply terms into contracts??

A

?Statute?

B

?Third parties?

C

?The parties to the contract?

?Breach of which of the following terms does NOT allow the possibility of the aggrieved party terminating the?contract?

A

?A condition?

B

?A warranty?

C

?An innominate term?

?Under the Act, terms which are void include those which restrict the consumer’s legal rights and?those which allow the business to unilaterally change the terms of the contract. A consumer may?enforce a term which is deemed unfair.?

A

?A term that restricts a consumer’s legal rights is void?

B

?A term that allows the business to unilaterally alter the terms of the contract is void?

C

?A term that is deemed unfair cannot be enforced by the consumer?

?Which of the following contracts will the Consumer Rights Act 2015 apply to??

A

?The supply of commercial goods from one business to another?

B

?A contract made in relation to family law?

C

?A mobile phone contract from a telecommunications company to a private individual?

D

?An employment contract?

A (1) ___________is a vital term, going to the root of the contract, breach of which entitles the injured?party to treat the contract as (2)___________ and claim (3) ___________?.?A (4) ___________?is a term (5)___________?to the main purpose of the contract.?The consequence of a term being classified as innominate is that the court must decide what is the actual?effect of its (6) ___________?.?

What is the 'contra proferentem' rule??

材料全屏

?Andy’s company operates a fleet of haulage trucks that transport goods to commercial depots and?warehouses all around the country. Andy himself often works as a truck driver, delivering goods. At the?depot of one of Andy’s clients, Hazelwood Ltd, the following notice is in place.

?'For commercial delivery use only. The use of these facilities is strictly at your own risk and Hazelwood Ltd?accepts no liability whatsoever for any damage or injury sustained by either those using this facility or their?vehicles or property, no matter how caused.'?

Andy was aware of the notice, but had never paid much attention to it. However, one day, after delivering?some goods to Hazelwood Ltd, he returned to his truck to find that it had been badly damaged by a towing?vehicle driven by an employee of Hazelwood Ltd. Whilst on his way to the office to complain, he was hit by?the same towing vehicle. As a result, not only was his truck severely damaged, but he suffered a broken leg?and was off work for eight weeks.

?Hazelwood Ltd has accepted that its employee was negligent on both counts but denies any liability, relying?on the exclusion clause.?

26

【論述題】

?State the nature of an exclusion clause?