Problem Questions Needed help
QuestionDavid and his wife, Julie, decide to take dance classes at a dance club. Previously a few years ago, they had taken “line dancing” classes at the same club. As ballroom dancing became more popular, they book the classes in advance. On the back of the receipt a printed clause says: “For terms and conditions please see the notice in the club”. On the inside of the club door a large notice is pinned up. The notice reads: “The club will not accept responsibility for any loss suffered by customers”. At their first ballroom dance class, the dance instructor, Andy, who is the owner of the club, demonstrates an energetic step and falls over, knocking David to the ground. David’s wrist is broken and his Rolex watch is damaged very badly. When Julie goes the ladies changing room to get her jacket, she discovers that her jacket was stolen.
Advise David and Julie on their legal position.
Hi how to i write this? I am lost in terms of does consistent dealing counts in this case and what about resonable notice given??
Hi Sarsh
I think there are some possible approaches to this
there is definitely first an issue of types of damages that is claimable - as he will want to claim for his Rolex etc - please note the type of contract - if it is only David who paid, they will not be able to claim for Julie's jacket (Contract Rights of (Third Party) Act 1999)
If it is claimable - then you will want to set a cause of action for David and Julie - they will perhaps be able to argue an implied term for reasonable skill and care (Liverpool CC v Irvine)
The next of course is whether there was incorporation of the limitation / exclusion clause
there are a few ways that we can look at this:
1. Receipt : does it successfully incorp the clause? (Parker v South Eastern Railway)
2. Referential Clause - is it possible (Thomson v LMS Railway)
3. Sign Behind the Door - similar to Olley v Marlborough Court
4. Previous course of dealing - Henry Kendall v William Lillico / Hollier v Rambler Motors
The decision point will be of course whether the previous course of dealings will be able to incorporate the clause in the event that there is no sufficient notice on the other methods
In the event that it was only few years ago - it may not be necessary that they will know of the clause
Of course you may proceed on whether the clauses will survive UCTA 1977 and UTCCR
Hope this helps
hi
Hi,
Thanks for the input, it did help me to sort out my thinking. The exemption clauses are so confusing....
i have another question if the exemption clause states " “The club will not accept responsibility for any loss suffered by customers”. Does it include damaged property like david watch in this case?