QUESTION 1
(a)
Read the case summary of Thornton v Shoe Lane Parking Ltd [1971] (which
can be found on the Westlaw database, or in Koffmann and Macdonald or
Taylor and Taylor) and answer the following:
What
reasons did the Judge give for deciding that the exemption clause in
Thornton v Shoe Lane Parking Ltd [1971] would not apply?
(b) Use Koffmann and Macdonald “Contract Law” to answer the following:
List the main disadvantages of Lord Denning’s judgment. Do you agree with any of them?
QUESTION 2
The answers to questions A. and B. below can be answered in bullet points, or short sentences.
A. Refer to the Unfair Terms Contract Act 1977 to answer the following questions:
(i) What is the long title of the Act
(ii) What is the date of Royal Assent?
(iii) What is the citation of the Act?
(iv) What are the headings of sections 2 and 5?
B. Read Martin, J. & Turner, C., “Contract Law Key Facts”, pages 64 & 65:
(i) What is the main aim of UCTA 1977?
(ii) What are the 3 ways in which it achieves this?
(iii) Which types of exclusion clauses are made invalid by sections 2(1) and 5(1) of UCTA 1977?
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