The notices were so located that they were not visible at the time of entering the contract.
In addition, the Unfair Contract Terms Act 1977 specifies that no contractual exclusion term can exclude or limit liability, if there had been negligence that had resulted in injury, death, or other loss or damage, where the term of the notice is unreasonable3.
The validity of an exclusion clause is to be verified, by invoking the provisions of the Unfair Contracts Terms Act (UCTA) 19774 and the Unfair Terms in Consumer Contracts Regulations (UTCCR) 19995. In Curtis, the court held that the defendant company was unable to evade liability, on the basis of an exclusion clause; as it had been distorted by its sales personnel6.
In Thornton v Shoe Lane Parking, the court ruled that the defendant was liable for the injury, because the contract had been concluded at the time of purchasing the ticket at the ticket dispensing machine7.
An exclusion clause averts liability, only if it is a part of the contract. Moreover, in the absence of adequate notice, an exclusion clause is ineffective. This is axiomatic in contract law. In L’Estrange the exclusion clause being printed in a manner that was difficult to read, was held to be inapplicable by the court8. Therefore, the Uxbridge Hotel’s contention, relying on the exclusion clause, is not tenable.
Therefore, the Uxbridge Mill House Hotel management cannot rely on exclusion clauses for evading liability, in respect of Angelina’s stolen jewellery. A proper notice had not been displayed and the notice had not been included in the contractual terms. The notices were so located that they were not visible at the time of entering the contract. In addition, the Unfair Contract Terms Act 1977 specifies that no contractual exclusion term can exclude or limit liability, if there had been negligence that had resulted in injury, death, or other loss ...
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“Introduction to Business Law Essay Example | Topics and Well Written Essays - 2000 Words - 1”, n.d. https://studentshare.net/miscellaneous/383749-introduction-to-business-law.
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