Solution-Exclusion clause to avoid liability

Exclusion clause to avoid liability

Reference no: EM133229605

Peter runs a printing business. In April 2022 negotiations were conducted by Peter with Best Carrier Ltd entirely by telephone, with respect to the delivery by this company of a new piece of expensive machinery, with Peter emphasising to the CEO of Best Carrier Ltd that if the machinery was damaged in transit it would cause him delays in the completion of a job for Monash University; his biggest client.

The machinery was indeed damaged in transit due to the fact that the relevant Best Carrier Ltd truck driver lost control of the truck and hit a tree. Police investigations subsequently revealed that, at the time of the accident, the truck driver was drunk and, as a result, vastly exceeded the legally-permitted blood alcohol concentration limit for fully licensed drivers in Victoria. When the damaged machinery was delivered to Peter, one of his employees signed a form which contained an exclusion clause. The exemption clause excluded liability for damage "caused by any acts or defaults of the carrier or otherwise". Peter's employee did not read the form.

Can Best Carrier Ltd rely on the exclusion clause to avoid liability, according to the law of contract?

Do not discuss the Australian Consumer Law. Please refer to any relevant legal cases and/or legislation to support your arguments.

Reference no: EM133229605

Questions Cloud

Explain how linux utilizes processes : Utilize states and eventually end processes to manage all the applications and other services within a computer environment.

Was fernando an employee or independent contractor : Fernando worked for Affinity, which made furniture deliveries for Sears. Fernando signed a contract stating that he was an independent contractor. He was paid $

How can we use data to answer life most important questions : You are interviewing for a new position at a non-profit organization which will require you to manage data (collect, read, analyze, and write reports).

What is the downfall of a single story : What is the downfall of a single story, and how did Sor Juana break the mold? You may use the literature we've read in previous units as examples

Exclusion clause to avoid liability : Peter runs a printing business. In April 2022 negotiations were conducted by Peter with Best Carrier Ltd entirely by telephone, with respect to the delivery by

How would you like to be tagged as quality company : How would you like to be tagged as quality company including the dimensions of product and service quality. Provide answer in SMART form (Specific, Measurable

Organisation for several reasons : ABC Company LTDA is using semi-automated methods for providing services to their clients. They have a significant number of employees who receive a number of pr

What is a chain affiliated 338 room hotel rooms average : what is a chain affiliated 338 room hotel rooms average daily rate? the hotel recorded rooms revenue of $55,010 on per available rooms, its percentage of rooms

Identify three areas that the law protects consumers : An Implied Term can be created by the power of Legislation as per the Sale of Goods Act. Identify three areas that the Law protects consumers.

User Account

All Pages

Exclusion clause to avoid liability

Reference no: EM133229605

Reference no: EM133229605

Questions Cloud

Reviews

Write a Review

Biology Questions & Answers

Single most important concept in biochemistry

Interested in examining the metabolism

Multiple choice questions - genetics

Parkinson disease and multiple sclerosis

Original puc plasmids

International treaty on plant genetic resource

Introduction of the disease

Q1 oxaloacetate uniformly labeled with 14c equal amounts of

Why do you suspect she is having trouble walking

In which direction will an action potential travel

Why would we care what type of water was used

Human population growth rates

Assured A++ Grade

Academics

Major Subjects

Majors

Get In Touch

TERMS & POLICIES

HELP & SUPPORT