Case Shudy-Exdusion ofLiattilty Clauses 1. Ahmed finds his usual parking place o

Question

Case Shudy-Exdusion ofLiattilty Clauses 1. Ahmed finds his usual parking place onan 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 notbe responsible for death, personal injury, damage to vehicles, or theft from them, due to any act or defauit of its employees orany other cause whatso ever. Ahmed receives a ticketwhen he enters thecarpark 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 tis the carpark attendant and is injured when the attendant negligenty 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. Whatmeaning will be given t the words used in the notice? 4. What is the effecton the notice of the Consumer Rights Act 20157

Explanation / Answer

1. Notice is the "Offer" of the contract. By providing a notice, the parking organization offers their service pertaining to the notice by relieving themselves of the liability in case of any loss. It is up to the consumer to accept this or reject the services. Hence the notice here is the Offer of the contract.

2. For a contract, there are a few things after the offer (or notice) that has to be followed. They are acceptance, legal intention and consideration. A simple notice does not complete a contract unless the consumer accepts the notice and its conditions and decides to park their vehicle. Next there is an exchange of services against goods, that is the consideration phase. Lastly a receipt is provided to the consumer as a legal intention to complete the services. These steps need to be completed in order for a contract to be complete.

3. The meaning of the words in the notice, is that the company will not be liable in case any customer receives injury, loss of property, theft or other damages due to any fault of any individual or parties. This means the cars parked in the building are sole responsibility of the car owners and the building owners.

4. Consumer Rights Act 2015 reforms the law on consumer notice. A consumer notice must be provided to consumers so that it can be read or heard and this includes renewal, promotions, terms of service, and disclaiming liability in premises.

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