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What is the 'contra proferentem' rule? 

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【论述题】

 State the nature of an exclusion clause 

In relation to exclusion clauses, which of the following describes the main purpose rule? 

A

 The purpose of an exclusion clause is not to prevent the main purpose of the contract 

B

 The main purpose of an exclusion clause is to help a weaker party avoid unfair contractual obligations 

C

 The main purpose of an exclusion clause is to give business efficacy to a contract 

At which point in a contractual arrangement is a representation made? 

A

 When the offeree submits their acceptance to the offeror 

B

 During pre-contract negotiations 

C

 When the offeror submits their offer to the offeree 

D

 Once both parties have provided consideration under their agreement 

 How are express terms incorporated into a contract? 

A

 By a decision of the courts 

B

 By statute law 

C

 By the parties themselves 

D

 By what is customary in the particular trade 

 Which TWO of the following statements regarding contractual terms are correct?

 (1) The principle of freedom of contract states that parties may include in their contract any terms that they see fit  

(2) To be valid, a contract must be complete in its terms 

 (3) Third parties may not determine an essential term of the contract

 (4) Where a term is classified as a condition, the only remedy to an injured party if it is breached is to claim damages 

A

 1 and 2 

B

 1 and 4 

C

 2 and 3 

D

 2 and 4 

 An innominate term is one that could either be classified as a condition or a warranty.  

How is the classification of an innominate term as a condition or a warranty determined? 

A

 By the operation of statute law 

B

 By the offeror 

C

By the courts 

D

By the offeree 

 Which of the following statements concerning exclusion clauses is correct? 

A

 Exclusion clauses can be incorporated into a contract after the contract is formed 

B

Exclusion clauses are interpreted by the courts strictly 

C

Exclusion clauses are not regulated by statute 

D

 Exclusion clauses may not exclude liability for negligence 

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