University : Anglia Ruskin University London UniLearnO is not sponsored or endorsed by this college or university.
Subject Code : MOD000009
Country : United Kingdom
Assignment Task 

 

Tina May, a barrister who has recently been made a QC, takes her business suit and silk lined gown to Barnier Cleaning Ltd to have them cleaned.
On the wall behind the counter was a small sign stating: “All garments are left entirely at the customer’s own risk. Customers are advised to insure their own property against loss or damage”

On this occasion, the first line of the sign was obscured by a rack of dinner jackets, which were waiting to be collected. Tina admits to having noticed the sign, but was in a rush to get to the Royal Courts of Justice for a hearing, and did not ask the manager to move the dinner jackets so that she could read the sign. Following payment, Tina received a card which she knew she had to use in order to reclaim her clothes. The card had printed on it an identifying number for each of the garments, the date, the individual price for the cleaning of each item and the total price paid.

When Tina went to collect the clothes she was told by the manager that her business suit and silk lined gown had been damaged beyond repair by the negligence of an employee of Barnier Cleaning.

After a heated discussion with Malcom Barnier, the sole director of Barnier Cleaning Ltd, he informed her that they were not prepared to offer any compensation.

Tina May sued Barnier Cleaning Ltd for damages in respect of her business suit and silk lined gown.
 

The trial judge found:
1. The exclusion clause was not incorporated into the contract, because reasonable steps had not been taken to bring it to the attention of the claimant.
2. In any event, applying the test of reasonableness in the Unfair Contract Terms Act 1977, the clause was invalid.

Moot Point: Barnier Cleaning Ltd now appeals to the Court of Appeal on the following grounds:
1. The exclusion clause was incorporated into the contract.
2. Applying the test of reasonableness in the Unfair Contract Terms Act 1977, the clause was valid.

 

 

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  • Uploaded By : William
  • Posted on : February 24th, 2019

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