BTF1010 Lecture Notes - Lecture 8: Objective Test, Rabih Alameddine
30 Jul 2018
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Warranty (terms that are of lesser importance): term that is of lesser importance, bettini v gye gye, director of opera company contracted for the services of b as a singer for 3 months. Contract contained a provision that b will be in london for 6 days before the commencement of his rehearsals. B through illness, only arrived 2 days earlier, where upon g refused to accept his services and treated contract at its end. The fact that she had not read the contract was irrelevant: toll v alphaphram, (cid:862)please read (cid:272)o(cid:374)ditio(cid:374)s of (cid:272)o(cid:374)tra(cid:272)t (cid:894)o(cid:448)erleaf(cid:895) prior to sig(cid:374)i(cid:374)g(cid:863). Principle: the exclusion clause must be brought to the notice of the contracting party before, or at the time, that the contract is made. If notice of the exclusion cause is given after the contract has been made, it will have no effect: ollie v marlborough court plaintiff and husband booked at defendants hotel.
