Contracts - exclusion clauses
Does an exclusion clause printed on the back of a receipt provide sufficient notice to a customer?
The scenario presented is as follows:
Claimant was a regular customer at the defendant's mechanic shop. On each occasion, he was asked to sign a contract which included an exclusion clause stating "....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". On the day in question, the claimant was not given a contract to sign but a receipt, which he did not read. However the business' terms were clearly written on the back in red. On that same day, the claimant sustained injury and loss when the vehicle suddenly erupted in flames.
Was the exclusion clause incorporated into the contract? What, if any is the claimant's recourse ?
The scenario presented is as follows:
Claimant was a regular customer at the defendant's mechanic shop. On each occasion, he was asked to sign a contract which included an exclusion clause stating "....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". On the day in question, the claimant was not given a contract to sign but a receipt, which he did not read. However the business' terms were clearly written on the back in red. On that same day, the claimant sustained injury and loss when the vehicle suddenly erupted in flames.
Was the exclusion clause incorporated into the contract? What, if any is the claimant's recourse ?
The idea of law study help forum is to be helped and not hand fed the answer. It's going do nothing for you in the long run.
I will more than gladly help you or anyone understand a problem but firstly what research have you undertaken yourself to answer the question(s)? I advise posting how you think you should answer it or your thoughts on the question.
I will more than gladly help you or anyone understand a problem but firstly what research have you undertaken yourself to answer the question(s)? I advise posting how you think you should answer it or your thoughts on the question.
this is similar facts to quite a lot of the cases that we studied when doing that (specific bits from quite a few i mean)
So if you find the cases, you can work out how they match your cases (or opposite to your facts) and why they may argue one way or another towards incorporation or not.
So if you find the cases, you can work out how they match your cases (or opposite to your facts) and why they may argue one way or another towards incorporation or not.
Quick Reply
Related discussions
- AQA A-level Law Paper 3 (7162/3) - 12th June 2023 [Exam Chat]
- Agencies
- OCR A-level Law Paper 3 (H418/03) - 12th June 2023 [Exam Chat]
- Student Private Tenancy Agreement
- Advice needed: Leaving London Residency halls early
- Being ripped off by my heating and boiler cover - help needed
- My landlord is refusing to repair my washing machine. What should I do?
- London En-Suite Student Accommodation Available
- Can I accept two offers with different start dates?
- Accommodation contract
- Is there any way for me to find zero hour contract jobs quicker
- Pay lower than stated on contract
- Rent
- PhD Transfer - Impossible offer condition
- Getting out of student accommodation contract
- House contract - advice
- Paid 6 months rent upfront and want to leave early
- Medical Issues
- How do I leave my accommodation?
- Does my boyfriend owe any money to his work?
Latest
Trending
Last reply 1 week ago
OCR A-level Law Paper 3 (H418/03) - 12th June 2023 [Exam Chat]Trending
Last reply 1 week ago
OCR A-level Law Paper 3 (H418/03) - 12th June 2023 [Exam Chat]
