Essay on Is The Exclusion Clause Enforceable?

2390 Words Jun 11th, 2016 null Page
Question 1:
Issue:
Is the exclusion clause enforceable?
Rule:
A disclaimer is a statement that one of the parties will not be in breach despite failing to perform one or more of their contractual obligations. Whether a disclaimer is enforceable depends on;
1. Is the disclaimer part of the contract: (1) is it expressly set out in a written contract that has been signed by the parties? (2) It is expressly brought to the attention of the party by reasonable notice given before the contract was formed. (3) It is implied into the contract as a result of prior dealings between the parties (James, N 2014, p309).
2. How will the disclaimer be interpreted? Any ambiguity in the interpretation of the clause goes against the party seeking to enforce the clause (James, N 2014, p309).
Application:
The background is that Donna was running the cloakroom during the first year anniversary party. Donna gave the person who hands over a piece of clothing a ticket which has number on the front and claims on the opposite side: “we do not take any responsibility or liability for clothing checked in to our cloakroom”. Travis was afraid of that tripped over twice by his 28 foot scarf which made by himself so that he gave the scarf to Donna and he got a ticket. Unfortunately, Donna handed the scarf to a different person who has a similar clothing with Travis, and she could not remember that guy. Thus, Travis wanted Tardis Café to pay for him $200. It is not expressly set out in a written contract that…

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