The Law of Contract Free Essay Example, 1500 words

Therefore, considerable importance is attached to exemption clauses by the courts6. No such prominent notice was given to Maggie, and the reverse of the ticket contained a direction to view the website of English Rail, for information regarding its rules. As such, the exclusion clause was not incorporated into the contract, prior to the completion of the contract. Hence it is invalid. In Thornton v Shoe Lane Parking, the court rejected the exclusion clause, and ruled that printing the exclusion clause on the reverse of the ticket constituted insufficient notice to customers7. Due to the gross negligence of English Rail’s staff, Maggie sustained injury to her ankle and her new coat was damaged. According to the Unfair Contract Terms Act, no contractual exclusion term can exclude liability or limit liability, in any manner, in cases involving negligence that resulted in injury or the death of an individual8. Consequently, English Rail will be liable for the loss or injury caused to Maggie, on account of their negligence. She can claim damages for her torn coat and sprained ankle. English Rail cannot rely on the exemption clause to avoid damages or responsibility for the loss caused to Maggie. Part Two At the offices of Boxes & Things, Maggie informed the proprietrix, Victoria that she required cake boxes of specific dimensions. We will write a custom essay sample on The Law of Contract or any topic specifically for you Only $17.96 $11.86/page