Contract Law and Tort Law Case Study Example | Topics and Well Written Essays - 2000 words

Contract Law and Tort Law - Case Study Example In the meantime, Peter wandered over to the duck pond, where a notice which said "Take Care! The edge of this pond is slippery", was displayed. Peter deciding to feed the ducks went right to the edge of the pond and fell in. Nicholas, who saw this, jumped in and pulled Peter out. Both were hospitalized and Peter was only bruised but Nicholas having swallowed the pond water developed a serious stomach ailment. Meanwhile, Martin an 18 year old detainee who had just been released from the Young Offenders' Institution fell into a trench and broke his leg, while trying to steal the parked cars. In order to advise the parties with regard to their rights and liabilities recourse will be taken to liability for breach of contract under the Contracts Act, other liabilities arising through torts, Unfair Consumer Terms Act 1977 or UCTA, Unfair Terms in Consumer Contracts Regulations 1999, etc. Edmund, one of the pupils of the school, ran into the caf for lunch and tripped over the material being used for flooring purposes, hurt his head and consequently, became unconscious. In this regard it has to be considered whether the premises owner can evade his liability by relying on exclusion clauses. A contract is an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal rights is that they are based on the agreement of the contracting parties. It is important to bear in mind that every breach of a contract allows the plaintiff a remedy at law. It is the bounden duty of the owner of the adventure playground "Thrills and Spells" to keep the premises safe and secure. The Statute sets out that no contract term can exclude or limit liability in any way for negligently causing death or injury1. Furthermore, if there is other loss or damage, liability for negligence cannot be excluded or restricted if the term of notice is unreasonable. In addition, if a contract term or notice efforts to exclude or restrict liability for negligence, agreement to or awareness of this is not of itself to be taken as indicative of the voluntary acceptance of any risk2. In Olley v Marlborough Court, The plaintiff booked in for a week's stay at the defendants' hotel. A stranger gained access to her room and stole her mink coat. There was a notice on the back of the bedroom door which stated that "the proprietors will not hold themselves responsible for articles lost or stolen unless handed over to the manageress for safe custody." The Court of Appeal held that the notice was not incorporated in the contract between the proprietors and the guest. The contract was made in the hall of the hotel before the plaintiff entered her bedroom and before she had an opportunity to see the notice3. Accordingly, damages were suitably awarded to the plaintiff. In our present case also, the notice was noticed by Potter only after he had received the tickets for entering the adventure playground. Hence, it cannot be construed that the exclusion clause was incorporated into the contract. In Thornton & Shoe Lane Parking Ltd, it was held that if the car is damaged by the negligence of the parking company, it will be liable despite the exclusion clause. Further it was stated by Lord Denning J in his observations in this case that Thornton was not aware of the conditions printed on the reverse of the ticket. He further opined that an exclusion clause to be valid has to be brought to