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Words: | Submitted: Mon Dec 22 2003
... notice is part of the contract concluded when booking the Salsa dancing classes, and then independently whether any compensation could be expected for the damages that Robert and Lucy were unfortunate to suffer. Exclusion clauses remove or purport to remove liability. For the dance school in this instance it attempts to exclude 'responsibility for any loss suffered by customers.' However, as seen in the case of Olley v Marlborough Court Hotel these exclusion 'clauses cannot be incorporated from unsigned documents or signs if those documents or signs are not introduced into the transaction until after the contract has been concluded.' Hence, the timing of the contract and the following stages of the relationship between the consumer and the business are crucial when considering the position of exclusion clauses in their dealings. Clearly, with the receipt holding the printed clause given to Robert and Lucy, the contract between them and the ...
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