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    I have an assignment to do for Contract Law and here is the question I am supposed to answer and I'm hoping that someone will be able to help.

    Coursework question

    Victoria Wilson decided to have a swimming pool built in the grounds of her large country house Cwmfelin Grange that she occasionally used as a guest house. It is located on a quiet country lane on the outskirts of Cwmfelin.
    She employed Splosh Ltd to build the pool for the sum of £45,000. Splosh Ltd handed Victoria a document headed “Splosh Ltd Standard Terms and Conditions”. The document set out the agreed price of £45,000, the job specification, and a completion date. Stapled to the document was a small slip of paper which stated:

    a) Splosh Ltd will not be responsible for any loss or injury caused by or arising from the use of excavation equipment or machinery brought on to the site.
    b) Liability of Splosh Ltd for any damages to the client’s home, outbuildings or goods stored thereon is strictly limited to £500.

    Victoria was injured one night when she drove her car into the back of a truck belonging to Splosh Ltd, which was parked without lights just inside the concealed entrance to Victoria’s driveway. She suffered a broken ankle and whiplash.
    Victoria’s wrought iron patio furniture, which she had recently bought for £10,000, was ruined when covered by rubble from Splosh’s excavations.

    Task 1
    You work for a local firm of solicitors, Brown, James and Jones. Advise Victoria about whether she can claim in contract against Splosh Ltd for her injuries and the damage to her garden furniture.

    Guidance for task 1

    Your answer must be in an essay format. You may want to consider the following questions when you draft your essay plan:
    1. What is the liability sought to be excluded?
    2. Has the exclusion/limitation clause been incorporated into the contract?
    3. If so, can it be interpreted to exclude or limit the liability?
    4. In what capacity are the parties dealing?
    5. Which provisions of the UCTA 1977 and UTCCR 1999, if any, apply to this exclusion clause and what would be their effect?
    You must include case law in support of your answer which should be applied to the problem to reach a reasoned conclusion.

    This is all of the info, can someone please help me with this?

    Thanks.
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    I'll do my best, but give me an hour...
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    You already have alot of guidance there. Is there a specific issue you're struggling with - we're not really supposed to give masses of help on overall essays - unfair means and all that jazz
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    I'm struggling with a majority of the question I know I have alot of guidance but I don't know where to start. Can someone please do like a draft version that I can use as guidance to do the assignment?
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    (Original post by Bash88)
    I'm struggling with a majority of the question I know I have alot of guidance but I don't know where to start. Can someone please do like a draft version that I can use as guidance to do the assignment?
    no. no-one can draft your assignment. I suggest you read the chapter on exclusion clauses in your textbook and do your own work. If you get stuf with something specific then you can ask for clarification - but you just haven't put enough effort in to find out for yourself yet I'm afraid
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    as above, you're not really stuck, you just haven't done the work
    :P
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    I read the chapter on exclusion clauses but however I don't really know how to start the essay and need some guidance.
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    You have to be systematic about it. Take everything one bit at a time

    First, work out what Victoria's claim might be. Work through the elements of that claim - what is the duty, has there been a breach, did it cause Victoria loss.

    Second, consider whether the scrap of paper is incorporated into the main contract.

    Third, consider each of the exclusion clauses in turn to see whether they are effective or not. You need to consider whether the exclusion clauses actually refer to the loss in question; and then whether they will be struck out under the relevant legislation.
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    I have started the assignment and I have read about exclusion clauses and I am aware that exclusion clauses can be incorporated into a contract in 3 ways which are by signature, notice or by previous dealings.... now in this situation Victoria was handed a document (stating the terms and conditions) but STAPLED to the document was a slip of paper stating limition of liability.

    I just want to know that would a slip of paper being STAPLED onto a document that has the terms and conditions be an exclusion clause being incorporated into a contract by notice? If so was the notice fine or was it wrong?
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    (Original post by Bash88)
    I have started the assignment and I have read about exclusion clauses and I am aware that exclusion clauses can be incorporated into a contract in 3 ways which are by signature, notice or by previous dealings.... now in this situation Victoria was handed a document (stating the terms and conditions) but STAPLED to the document was a slip of paper stating limition of liability.

    I just want to know that would a slip of paper being STAPLED onto a document that has the terms and conditions be an exclusion clause being incorporated into a contract by notice? If so was the notice fine or was it wrong?

    this is part of your discussion, you should examine the relevant case law and come to a reasons judgement over whether YOU think that it formed part of the contract. Your textbook should have diverted your attention to thornton v shoe lane parking?
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    (Original post by Bash88)
    I have started the assignment and I have read about exclusion clauses and I am aware that exclusion clauses can be incorporated into a contract in 3 ways which are by signature, notice or by previous dealings.... now in this situation Victoria was handed a document (stating the terms and conditions) but STAPLED to the document was a slip of paper stating limition of liability.

    I just want to know that would a slip of paper being STAPLED onto a document that has the terms and conditions be an exclusion clause being incorporated into a contract by notice? If so was the notice fine or was it wrong?
    I don't think it matters what form it is in as such as terms can be formal, informal, written, oral etc (if the terms are contained in a signed document that is significant however). What matters is that if the term is unusual/onerous there needs to be more of an attempt to bring it to the notice of the promisee (ie Denning's 'red hand' example in Shoe Lane Parking - also point re-iterated in Interfoto Pictures). So whether there is reasonable notice may depend on whether you consider the term onerous/unusual...
    If it was incorporated it may come under statute law regarding unfair terms and so may not be acceptable for that reason, that depends on looking at the term itself and the context of the interactions between the parties.
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    OK. But if the exclusion/limitation clause has been incorporated into the contract then can it be interpreted to exclude or limit the liability?
 
 
 
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