... to ascertain the validity of this exclusion clause in particular, the issues of incorporation, timing, notice, negligence and legal obligation need to be taken into account. In order to offer good, sound advice, there are several elements of this scenario that need to be looked at in isolation. These are: whether or not the receipt served as sufficient notice as to the existence of the exclusion clause; whether or not the exclusion clause itself is valid (either under common law or legislative grounds), and whether or not the club is liable either for Robert's broken arm or Lucy's stolen coat. This essay will look at each point, apply case law and/or legislation to determine the position and then look at the consequences of the position. If reasonably sufficient notice is given as to the existence of an exemption clause, then it is accepted by the courts that that clause becomes part ...

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