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Exclusion clauses - contract law
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The clause was not prominently displayed and the defendant did not take any measure to inform Georgina that he intended to add the new clause in the contract. And then going for the liability for breach of contract UCAT1977.
I am bit lost to be honest!!!
I could also argue that the exclusion was not brought to the notice of the party before or at the time the contract was made, and that only I I agree with the clause and further I can also touch the ambiguity.
Regarding the injury and loss of Jakob, I don’t if I should be against him or her but there clearly says that the sign was attached over over door.
I am bit lost to be honest!!!
I could also argue that the exclusion was not brought to the notice of the party before or at the time the contract was made, and that only I I agree with the clause and further I can also touch the ambiguity.
Regarding the injury and loss of Jakob, I don’t if I should be against him or her but there clearly says that the sign was attached over over door.
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#4
Try and put your thoughts in a logical order. At the moment you are jumping from one place to the next.
For the contractual claim, you might consider, in order, (i) whether there was a contract (this is obvious); (ii) whether there is a breach of contract; (iii) whether the purported exclusion clause has been incorporated into the contract; (iv) whether, on its true construction, the exclusion clause covers the breach and the damage complained of; (v) whether it is possible as a matter of law to exclude that type of liability.
Use a similar logical structure for the claim by Jakob. Don't assume there is a breach of duty. Deal with exclusion of liability for the broken ankle and the ripped suit separately for obvious reasons.
For the contractual claim, you might consider, in order, (i) whether there was a contract (this is obvious); (ii) whether there is a breach of contract; (iii) whether the purported exclusion clause has been incorporated into the contract; (iv) whether, on its true construction, the exclusion clause covers the breach and the damage complained of; (v) whether it is possible as a matter of law to exclude that type of liability.
Use a similar logical structure for the claim by Jakob. Don't assume there is a breach of duty. Deal with exclusion of liability for the broken ankle and the ripped suit separately for obvious reasons.
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Thank you for your advise, it’s very helpful.
Now I am going to put them in a chronological order as you said.
However, regardless statutory law, what acts would you recommend me to go for ?
Now I am going to put them in a chronological order as you said.
However, regardless statutory law, what acts would you recommend me to go for ?
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