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A Level Law (Contract) Assignment 6 - Exclusion Clauses
Task
You will be set one of the following questions:
1. Jenna visits the Kestrel Theatre and hands her coat to the cloakroom attendant. She pays the required amount and receives a ticket on which there is a reference number but no other writing. After the play she returns with the ticket but the coat is no longer there. Jenna asks the theatre company to pay for a new coat, but the manager points to a small notice behind the couter, largely obscured by coats, which says, 'The management and staff of the Kestrel Theatre will not be responsible for any loss of, or damage to, clients' belongings, however caused.'
On the way home Jenna visits Lenton's shop to buy material to make new curtains for her home. Lenton explains that the material is available at a discount price if she is prepared to wait some time for the stock to arrive from a different supplier. When Jenna agrees to this, Lenton gives her a copy of her order, which states the quantity and price, with the phrase 'delivery within 5 working days' crossed through in red pen. Six weeks laters the material has still not arrived.
Advise Jenna whether she can take action regarding her coat and the curtain material.
(Q8 June 1999)
or
2. To what extent will an exemption clause be allowed to protect a party from liability under a contract?
(Q2 June 1998)
or
3. As a hobby, Anneliese designs, and makes, costumes and scenery for amateur theatrical productions. She places an order for a quantity of costume material with a wholesaler, Clothcut, which, bearing in mind the current state of the makrket, offers her the choice of: (a) supply of the goods by a guaranteed delivery date at a price of £170; or (b) supply of the goods at a price of £120 with the following clause included in the contract, 'We exclude liability for late delivery of goods'. Anneliese chooses to obtain the material under option (b) but, when the material is over six weeks late, she blames Clothcut and says that she will sue.
Anneliese has also bought a machine for attaching buckles from a supplier called Banglers. The machine malfunctions, firing a heavy duty staple into Anneliese's hand, resulting in considerable pain and absence from work for three days. When Anneliese looks at the contract for the machine, she finds that it includes a clause which reads: 'The company will not be responsible for any loss or injury, however caused.'
Advise Anneliese as to any rights she may have against both Clothcut and Banglers.
(Q8 June 1995)
or
4. Sharp ordered a supply of computer software by telephone from Fudge. At Fudge's request he confirmed the order in writing on Sharp's standard order form. The order stated that the software should be delivered on the following Tuesday. Printed on the front of the order form were the words 'Important - see over for conditions'. The back of the form listed a number of conditions, clause two of which stated, 'All deliveries must be made by the specified date. In the case of late delivery the company will make a charge of £250 for each day beyond the stated delivery date'. Fudge does not bother to read the conditions. Because of a shortage of supplies Fudge is unable to supply the software until ten days after the delivery date and he receives a bill from Sharp for £2,500.
Fudge wishes to know if he must pay the charge.
(Q8 June 1993)
Guidance
My students should see me in the Law workshop or email me if help is required with this assignment.
Set: [date]
Due: [date]
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