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Commercial Law Notes
COMMLAW1004 - Commercial Law I
12 Pages • Topic Notes • Year: Pre-2021
What is prior ‘sufficient’ notice? Important factors (a)Nature of the document:whether it reasonably appears to contain contractual terms.(b)Nature of the transaction:whether it is such that a reasonable person would expect such a clause to be included.(c)Nature of the clause:how broad it is 如 exempts all liability or merely limits liability to payment of a reasonable amount. (notice was given too late)O checked into 旅馆之后进门才看到有 notice@东西被偷旅馆有责任@Sign was not a contract term@Contract made when O checked in (Notice of sign terms was given too late)柱子上写着声明顾客没看 ticket 和 sign 然后受伤了@停车场 was liable@Contract was made when ticket was issued. Interfoto Picture Library v Stiletto Visual Programmes(No prior sufficient notice)@not all conditions in delivery note were contract terms@Late fee was particularly onerous cause very high and exorbitant rate
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