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contract law
LAW OF CONTRACT SEEN EXAMINATION SCENARIO 2007/08
City Parking Ltd ("Parking Ltd") owns a multi-storey car park. Entrance to the car park is via an automatic barrier. Alongside the barrier is a ticket machine which dispenses a ticket to each driver giving the time of arrival. Taking a ticket permits entry by causing the barrier to rise. Alongside the barrier is a large notice setting out the company's charges and stating:
MOTORISTS SHOULD TAKE A TICKET FROM THE MACHINE AND PAY AT THE EXIT.
TAKING A TICKET BINDS THE USER TO THE COMPANY'S TERMS AND CONDITIONS WHICH ARE DISPLAYED INSIDE THE CAR PARK.
Inside the car park a notice exists on the ground floor that states:
MEMBERS OF THE PUBLIC USE THE CAR PARK ENTIRELY AT THEIR OWN RISK IN RESPECT OF THEIR PERSONS AND PROPERTY
City Parking Ltd ("Parking Ltd") owns a multi-storey car park. Entrance to the car park is via an automatic barrier. Alongside the barrier is a ticket machine which dispenses a ticket to each driver giving the time of arrival. Taking a ticket permits entry by causing the barrier to rise. Alongside the barrier is a large notice setting out the company's charges and stating:
MOTORISTS SHOULD TAKE A TICKET FROM THE MACHINE AND PAY AT THE EXIT.
TAKING A TICKET BINDS THE USER TO THE COMPANY'S TERMS AND CONDITIONS WHICH ARE DISPLAYED INSIDE THE CAR PARK.
Inside the car park a notice exists on the ground floor that states:
MEMBERS OF THE PUBLIC USE THE CAR PARK ENTIRELY AT THEIR OWN RISK IN RESPECT OF THEIR PERSONS AND PROPERTY
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Best Answer
No best answer has yet been selected by ym2bns. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.As I am a hyper-intellegent pan dimensional super being I think I can extrapolate the question from the otherwise incoherant ramblings. I think what is being asked here is: Why can they absolve themselves of responsibility for the car etc, ie can they have it both ways?
The answer is yes they can because the notice about "own risk" etc is no doubt an extract from the main terms and conditions which the punter agrees to by entering and buying a ticket. There is no doubt a whole legal diatribe in place which in essence always says the same thing:
"anything that happens is not our fault"
The answer is yes they can because the notice about "own risk" etc is no doubt an extract from the main terms and conditions which the punter agrees to by entering and buying a ticket. There is no doubt a whole legal diatribe in place which in essence always says the same thing:
"anything that happens is not our fault"
Read the relevant legislation, then look up the case law which pertains to it:
http://www.statutelaw.gov.uk/content.aspx?LegT ype=all+primary&PageNumber=50&NavFrom=2&parent ActiveTextDocId=224526&ActiveTextDocId=224526& filesize=137496
Chris
http://www.statutelaw.gov.uk/content.aspx?LegT ype=all+primary&PageNumber=50&NavFrom=2&parent ActiveTextDocId=224526&ActiveTextDocId=224526& filesize=137496
Chris