Case Study-Exdusion of Liatility Causes 1. Ahmed finds his usual parking place o

Question

Case Study-Exdusion of Liatility Causes 1. 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 carparking building. A notice just inside the entrance to the carpark states The company will not be responsibe for death, personal injury, damage to vehicles, or theft from them, due to any actor default of its employees orany other cause whatsoever Ahmed receives a icketwhen he enters the carpark which refers him to the contents ofthis 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? 4. Whatis the effect on the notice of the Consumer Rights Act 2015? MI.M2 to Achiev e a Merit Grade, vou should be able to: Show that you have used several sources of information explain and illustrate . the contract terms and their significance Explain the effect of the Corsumer Rights Act 2015 on exd usion clauses and give reasons to justify your conclusions * Demonstrate an effecive approach to study and submit the report on the specified date D3 TOACHEYE Evaluate how well consumers are protected from exclusion clauses by the law when dealing with a business * Sove the contractprobem question demonstrating lateral and creative thinking

Explanation / Answer

1. In this case, notice is a type of terms and conditions in the contract.

2. Yes, the notice is incorporated into the contract. Ahmed could see the notice at the entrance of car park and also on the ticket he got in the carpark. He clearly knew the words of notice and they were clear to him. He did not object to any notice which means there was an implied consent to the terms and conditions of parking in the carpark.

3. The notice signifies that car park company is not responsible or liable for death, bodily injury to people in the carpark. Also, it is not liable for damage to the vehicle or it gets stolen. They are not liable in any of the above case due to any cause whatsoever even if it is due to their own employees' negligence.

4. The notice is void as per Consumer right acts of 2015. Though the notice is clear, transparent and easily readable, it violates the list of items that can be excluded. As per the act, companies are now liable for death or bodily injury due to negligence and they cannot exclude this in terms and conditions. Further, a company is obligated to perform the services with reasonable skill and care. In this case, carpark services company did not provide adequate safety for Ahmed's car.

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