Question 4
This question involves the same material as the answer to Question 3, but
worded a little differently.- Explain that although the area is now well controlled by legislation,
there is still a need for incorporation and for interpretation of the
legislation. - Show how this works in practice (see some ideas from the two answers
above).
Question 5
This question again involves the same material as the other questions, but
asks you to consider whether there are, in addition to protecting the
consumer, any occasions where an exemption clause may be justified (i.e.
not against the law, or ‘outlawed’). After having explained how the law
decides the validity of exemption clauses, consider the following as
possible arguments:- There are occasions where, after going through the procedure outlined,
the courts will decide that a clause is reasonable. - There is a current trend to consider a clause reasonable if it is a
limitation clause rather than an exemption clause (see Chapter 7). - Consider the situation as described between Jenna and Lenton in Question
1 (above), where a restriction is accepted in exchange for a good price.
Question 6
Again, the basic material is the same as the questions above, but the
question is a good revision exercise, as it requires you to form a critique on
whether the measures taken by parliament, in addition to the approach of
the courts, is satisfactory in protecting the consumer.- You therefore need to combine the ‘essay’ type material from this
chapter with an evaluation of the approach of both parliament and the
courts towards protecting the consumer, who would otherwise be in a
weak bargaining position.
Chapter 9: Privity of contract
Question 1
This question involves a number of issues.- Firstly there is a requirement of consideration in proving that a valid
contract exists, and Victor’s work in the garden may amount to past
consideration, which may not be valid (see Chapter 3).
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