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CONTRACT LAW ASSIGNMENT 3 - Essay Example
Disclaimer always implies risk, waiver, and implications of uncertainty in varied degrees according to the circumstances. Tt does not carry a complete immunity to the person who has placed it. It is only a statement denying responsibility of any civil liability…
It also depends upon the liability of the company. Here the company seems to have committed gross negligence resulting in grievous injuries on the customer and also damaged the car to the tune of 1500.
Company is liable despite disclaimer notice, because disclaimer notices are mainly for the protection of the person who has placed it and will not stand in the Court of Law. The fact that company has installed car washing machines in its premises providing washing facility to customers is sufficient for the contract between users and company. If disclaimer has legal effect, they the customer will not be able to sue the company. In spite of disclaimer there is an implied contract between the Petrol Company and people who go for car wash, as it is installed in their premises with proper guidance and advertisement and this fact will go in favour of the injured person. Maintaining a definitely faulty washing machine that could break the skull of a customer will not work in favour of the petrol company. In contract, implied terms carry almost as severe legality as written contracts.
This is not a very significant area of law any more. Still, conceptually speaking about specific contracts, sometimes we come across contracts where a certain term is used for a specific number of years, for example, rent contracts or employment contracts which run for a certain time, longer than some other contracts. ...