Reference no: EM132165606
Subject: Aspects of Contract and Negligence for Business ?
Case Study –Exclusion of Liability Clauses
Ahmed finds his usual parking place on an empty piece of land has been blocked off. Instead, he goes for the first time to a car parking building. A notice just inside the entrance to the carpark states:
‘The company will not be responsible for death, personal injury, damage to vehicles, or theft from them, due to any act or default of its employees or any other cause whatsoever.’
Ahmed receives a ticket when he enters the carpark which refers him to the contents of this notice.
When Ahmed returns to collect his car, he finds it has been stolen. He goes to report this to the carpark attendant and is injured when the attendant negligently allows the barrier to fall on Ahmed’s head.
Advise Ahmed as to the following:
1. What kind of contract term is the notice?
2. Has the notice been incorporated into the contract?
3. What meaning will be given to the words used in the notice? What is rules does it cover its damage caused by negligence?
4. What is the effect on the notice of the Consumer Rights Act 2015? What are the specific sections of the CRA 2015 which protect Ahmed?