I have a coursework that I need to finish quite soon. The topic and instruction has been given down there. It's a legal case study and has to be in legal case study form following with references to cases that support the argument.
I have never written a case study in any modules and this kind of comes hard for me. If anyone is willing to enlighten me a bit, it'd be greatly appreciated. Such as where to start, which case is good to look at, how the structures should be like.
This has to be Year 1 Uni student level quality so GCSE or A-Level quality will be come in a little bit insufficient to comply with what my instructor is asking for.
Thank you in advance!
** HAS TO COMPLY WITH UK COMMON LAW! Or at least EU Law if it can be applied in the UK Court which I don't think so.
Ignatius always takes his car to Speedy Motors Ltd. This time, he again took it to Speedy Motors Ltd’s
garage for servicing. Every time he gave his car to Speedy Motors Ltd., Ignatius signed a contractual
document. Amongst other terms, the document stated that:
“13.1 Speedy Motors Ltd. accepts no responsibility for any consequential loss or injury sustained as a
result of any work carried out by the company, whether as a result of negligence or otherwise”.
However, this time when Ignatius went to leave his car, the garage was very crowded, and the
garage workers didn’t ask him to sign the regular contractual document. A receipt was given to him,
on the back of which the normal terms of business, including the above statement, were printed.
Ignatius accepted the receipt without reading it.
Ignatius was driving his car after collecting it from Speedy Motors Ltd. and unexpectedly, he crashed
into a telephone pole. As a result, Ignatius was severely injured, and could not work for at least two
months. The car was completely destroyed, as the pole had fallen down on top of it. Later, it was
found that the cause of the accident was that the mechanic at the garage had not performed his
duties properly. Speedy Motors Ltd. has accepted that their employee was negligent, but they deny
any liability due to the exclusion clause.
Whether the exemption clause was valid and, if it was, whether it exempts Speedy Motors Ltd. for
all or any of the damage suffered as a result of the crash.
In providing your response, consider all relevant case and statute law