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Exclusion clause question. Help pleasee watch

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    A owns a small antiques shop and has just purchased three paintings from a
    local art dealer. He needs the paintings delivering to his shop and contacts B, a large national transport company with whom he has dealt with on several
    previous occasions. They agree a contract price over the phone. A is then sent
    of copy of B standard terms and conditions through the post, which he signs
    and returns. Printed in small print at the bottom of the document is the following
    clause:
    “B cannot accept responsibility for loss or damage to property during transit
    howsoever caused.”
    While the paintings are being moved in transit two get damaged because of carelesnesd from B' employees and B refuses to accept any liability for damage.

    I have used L'estrange case law but not sure what else is required.
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    When you approach a contract law question, it is always good to search for cases where judges have dealt with similar clauses.

    3 such cases where judges have dealt with exclusion clauses with the phrase 'howsoever caused' include:
    1. Tor Lines A.B. v. Al/trans Group of Canada Ltd [1984] 1 All ER 103.
    2. Glebe Island Terminals Pty Ltd v. Continental Seagram Pty Ltd [1994] 1 Lloyd's Rep 213.
    3. Kami/Export (Aust) Piy Ltd v. NP.I. (Australia) Pty Ltd [1996] 1 VR 538.

    Please note that the last case is an Australian case.

    For a pdf detailing the 3 cases above, see http://www.austlii.edu.au/au/journal...wRw/1998/1.pdf
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    These cases are not specified in my study book therefore are of no use to me as I cannot use any other source. For this particular scenario am I looking at UCTA? because in the L'estrange case it was held that once a contract is signed it is bounding irrespective of the claimant reading it or not. So just a bit confused what else I can use.
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    (Original post by Alizah01)
    These cases are not specified in my study book therefore are of no use to me as I cannot use any other source. For this particular scenario am I looking at UCTA? because in the L'estrange case it was held that once a contract is signed it is bounding irrespective of the claimant reading it or not. So just a bit confused what else I can use.
    I was going to help you then read this very rude post to someone's comprehensive reply.

    If you have a study book, like you say, this is a simple comprehension exercise for you and requires almost no brain power. Just do some reading.
 
 
 
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