Liability for any damages by employees of jelly-bean

Reference no: EM133669281

Question: Fern has her own garden waste clearing business, Jelly-Bean. During exceptionally busy periods, she often gets her friend, Rose, to assist her with the heavy lifting. Fern is contacted by Mary, the director of a construction company who is about to start work on nearby land and needs the site cleared of garden waste immediately. Fern emails Mary a price list. At the bottom of the list (in large capital letters) there is a reference to the terms and conditions on Jelly-Bean's website. Mary tries to access this web page, but because Fern is doing some maintenance on it, she is unable to access the page. Mary is in a hurry and therefore telephones Mary and secures the services of Jelly-Bean immediately.

Fern and Rose start work at the site the next day However, at the end of the day, Fern damages her back and needs to take a month off work. Rose undertakes to work alone but cannot complete the work by the contracted for date. Mary's construction work is delayed, and she incurs serious penalties. In addition, Rose spills toxic waste on the site forcing Mary to pay for special environmental cleaning.

Mary has noticed the following terms in Jelly-Bean's terms and conditions:

i. Liability for any damages by employees of Jelly-Bean is limited to $100.

ii. Jelly-Bean is not liable for any delay even if caused by their own actions. Advise Mary.

Reference no: EM133669281

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