This question is divided into two quite distinct parts, the first of which carries 7 marks and the second 3 marks.

(a) 
6–7 marks 
Knowledge of, and application of, the rules governing the incorporation of exclusion clauses into contracts and analyses the problem scenario in order to decide whether the particular exclusion clause has formed a part of Abid’s contract.

3–5 marks 
Knowledge of the rules relating to incorporation, or at least some of them, but may not analyse the facts of the situation presented. Or offer an appropriate conclusion.

1–2 marks 
Recognition of what the problem entails but will not demonstrate any real knowledge of the rules relating to the question.

0 marks 
No knowledge whatsoever of the topic area.

(b) 
Does not require extensive reference to the Unfair Contract Terms Act (UCTA) 1977.

3 marks 
Good understanding of the effect of s.2 UCTA 1977.

1–2 marks 
Some knowledge of the relevance of UCTA 1977, but perhaps lacking in precision or application.

0 marks 
No knowledge of UCTA 1977.