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Words: | Submitted: Fri Sep 17 2004
... a reasonable point of view, whilst trying to protect the consumer at the same time. However this does not mean that the courts will always favour the consumer, they may rule that sufficient notice had been given to the other party. An example of previous ; Hollier v Rambler Motors (AMC) Ltd - In this case the claimant left his car at the defendants garage for a service, the car was destroyed by a fire. It was held that the defendant was liable as the claimant was not a frequent enough customer to have read the terms. If a term, though, is to be incorporated into a contract through a course of dealing, behaviour must be consistent throughout. If the parties involved are from similar trades it is assumed they are aware of normal procedures. The Time at which Notice of a Term is given A statement can only become a term of a ...
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