Exclusion clauses Development of control : 19th /20th century- common law techniques incorporation. Interpretation/construction. Fundamental breach. 1970s onwards: statutory control- unfair contract terms act 1977. Consumer rights act 2015. Common law - incorporation The question is was the clause part of the contract. Interfoto picture library v stiletto visual programmes 1988. A clause cannot be effective to exclude liability if it is not part of the contract. The rules are based on the principle that a party ... Tests of incorporation Signature Generally conclusive - lestrange v graucob Unless induced by false statement - Curtis v chemical cleaning and dyeing co Timing Olley v malborough court hotel (1949) Thornton v shoe lane parking (1971) previous course of dealing. Hardwich game farm v Suffolk AA (1969) Hollier v rambler motors (1972). Nature of the document Chapelton v barry udc Reasonable notice- steps taken to draw the attention of the other party . Parker v shout eastern railway. Thompson v LMS Railway