Contract Law exam question help needed please

Purdia

Good morning
Doing an FE1 prep exam this Sat and I would appreciate some help to clarify something re exemption clauses please

In a problem question that will be along the lines of Thornton v Shoelane Car Parks but where a concrete lintel falls and damages the car and injures the driver, I will be asked the usual questions re incorporation and notice but I am stuck on the liability for negligence part. can an exemption clause on the wall of the car park that states it is excluded from liability from loss or injury etc be sufficient to prevent a claim? Do I answer along quoting the 3 step test re negligence along the lines of Canada Steamship Lines v R or does that apply to commercial contracts only or do I answer along the lines of EC Unfair Terms (liability for personal injury in an exemption clause).

If anyone can please clarify, I would be really grateful:)

Purdia

Purdia wrote: »

Good morning
Doing an FE1 prep exam this Sat and I would appreciate some help to clarify something re exemption clauses please

In a problem question that will be along the lines of Thornton v Shoelane Car Parks but where a concrete lintel falls and damages the car and injures the driver, I will be asked the usual questions re incorporation and notice but I am stuck on the liability for negligence part. can an exemption clause on the wall of the car park that states it is excluded from liability from loss or injury etc be sufficient to prevent a claim? Do I answer along quoting the 3 step test re negligence along the lines of Canada Steamship Lines v R or does that apply to commercial contracts only or do I answer along the lines of EC Unfair Terms (liability for personal injury in an exemption clause).

If anyone can please clarify, I would be really grateful:)

The expression "printed in red ink with a red hand pointing at it" should probably make an appearance.

whomitconcerns

Purdia wrote: »

Good morning
Doing an FE1 prep exam this Sat and I would appreciate some help to clarify something re exemption clauses please

In a problem question that will be along the lines of Thornton v Shoelane Car Parks but where a concrete lintel falls and damages the car and injures the driver, I will be asked the usual questions re incorporation and notice but I am stuck on the liability for negligence part. can an exemption clause on the wall of the car park that states it is excluded from liability from loss or injury etc be sufficient to prevent a claim? Do I answer along quoting the 3 step test re negligence along the lines of Canada Steamship Lines v R or does that apply to commercial contracts only or do I answer along the lines of EC Unfair Terms (liability for personal injury in an exemption clause).

If anyone can please clarify, I would be really grateful:)

Wel you have to establish first what do you think the answer is?

Purdia

whomitconcerns wrote: »

Wel you have to establish first what do you think the answer is?

I am leaning towards consumer/supplier under the EC Unfair Terms but I am just confused over the applicability of the negligence three step test in Canada Steamship v R and whether it has general application in all exemption clauses seeking to exclude liability for negligence?

Thanks for the "Red ink & red hand" reminder, I will certainly put that one in too

Happdog

Occupiers Liability Act 1995 may be of relevance, section 5 in particular which deal with notices modifying the occupier’s duty to entrants. The notice on the wall can exclude some claims but it depends on the facts and it would be important to determine why the concrete lintel fell, if it was due to a third party that would change the situation.

Purdia

Thanks again for your help, as it happens a lovely exemption clause problem question came up in the exam on Saturday and I threw in the 3 stage test for negligence under Canada Steamship Lines v R, the EC (Unfair Terms in Consumer Contracts) Regulations 1995 and Lord Denning's "red hand rule" all for good measure!