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Consumer Law
Essay specific features
Written by:
Patsy A
Date added:
June 19, 2014
Level:
University
Grade:
B
No of pages / words:
9 / 2282
Was viewed:
3025 times
Rating of current essay:
Essay content:
(Young, 1997: 1). By this definition it shows there was a contract because John parked his car and paid the parking charge which meant that he entered into the contract and agreed to the terms willingly. This means therefore John is bound by this contract however, the exemption clause ?park at own risk' will only be effective if it was incorporated into the contract with reasonable notice and before the contract was made and if it was, John will accept liability for damage to his property...
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It also has to be incorporated into the contract otherwise it will not form part of the agreement and cannot bind them. It can be incorporated in the contract by signature, by notice or by course of dealing (Trietel, 1999: 197).
The store in John's case had inserted their exemption clause in the form of a notice displayed in the car park "park here at your own risk ? we do not accept liability to damage of property"...
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