1: Time of incorporation

2: Previous Course of dealing

4: Spectrum of the clause

Photo Production v Securicor Transport Ltd (1980)

The contra proferentem rule states, broadly, that where there is doubt about the meaning of the contract, the words will be construed against the person who put them forward.

6: Negligence liability (s 2)Section 2(1) says that in relation to personal injuries caused by negligence there can be no exclusion of liability.

2(2) says that an exclusion clause will only be liable insofar as it satisfies the requirement of reasonableness.

This is set out in s 11, and states that a clause must be a fair and reasonable one to have been included in the contract. The test relates to the time the contract was made, not the time when it was broken

3: SignaturesL’Estrange v F Graucob Ltd (1934)

5: Contra Proferentem rule: Test for ambiguity