contract law british consitiution

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?

QUESTION 3

Read Koffmann and Macdonald “Contract Law” and/or

Taylor, R. and Taylor, D “Contract Law Directions” to answer the following:

Is the Red Hand Rule still required to protect consumers in today’s society, since UCTA 1977 can provide protection against unfair exclusion clauses

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