Benefits Of A Sign From A Car Park Essay

1406 Words Nov 8th, 2016 6 Pages
A sign was displayed in the shop stating “Neither tick-tocks nor any of its management or staff will be responsible for any loss or damage to customer’s property howsoever caused”. So, when Elle, the first customer, entered the shop on opening day she leant on the counter that had just been painted and thus her dress was covered in paint and unable to be repaired but due to the sign being displayed she was unable to claim any compensation.
An exclusion cause is a clause which is expressed either verbally or in writing and it clears one party of liabilities for certain things. For instance, if you were to park your vehicle within a car park and there may be a contract that would state that neither the business or management will accept liability for any damages or losses. The clauses therefore are valid because they have been properly incorporated into the contract and aren’t contrary to the law. L’Estrange V Graucob (1934), the claimant had purchased a vending machine to use in her café and signed on the order form which had written in small print “Any express or implied, condition, statement or warranty, statutory or otherwise is expressly excluded”. The vending machine wasn’t in working order and attempted to reject the product for not being merchantable quality under the Sales of Goods act but her claim was unsuccessful due to the fact she didn’t read the terms within the order form.
Even though Elle’s dress was damaged she was not eligible for any compensation as there…

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