Body & Soul0 min ago
Help with terms and conditions
Hi all
I sometimes post on law, as I am a law student nearing the end of my LLB.
However, I could do with some advice from the more experienced posters.
My middle daughter, who is in her last year at junior school is due to go on a 4 day residential trip to North Wales in the next four weeks and today she brought home the consent form from the organisation.
All looks ok until I read the declaration on liability.
it states
"Whilst XXX takes all necessary and practical precautions to try to ensure the safety of all participants, unfortunately accidents will occur in consequence. Each participant must familiarise themselves with the hazards and try to minimise these as much as possible by complying with XXX adventure risk guidelines. The Management accept no repsonsibility whatsoever for any loss or injury resulting from any persons involvement in the activity programme. Furthermore, it is understood that participants participate at their own risk"
I know this is a well run organisation, who have an excellent team. However, I am concerned about the liability of the organisation in the event of any accident that is a result of neglect or failure of safety equiptment.
I am just a concerned Mum, maybe a tad over protective in situations out of my control, but does this condition prevent XXX being held liable if something happened that was their fault????
Thanks to all in advance
Jo x
I sometimes post on law, as I am a law student nearing the end of my LLB.
However, I could do with some advice from the more experienced posters.
My middle daughter, who is in her last year at junior school is due to go on a 4 day residential trip to North Wales in the next four weeks and today she brought home the consent form from the organisation.
All looks ok until I read the declaration on liability.
it states
"Whilst XXX takes all necessary and practical precautions to try to ensure the safety of all participants, unfortunately accidents will occur in consequence. Each participant must familiarise themselves with the hazards and try to minimise these as much as possible by complying with XXX adventure risk guidelines. The Management accept no repsonsibility whatsoever for any loss or injury resulting from any persons involvement in the activity programme. Furthermore, it is understood that participants participate at their own risk"
I know this is a well run organisation, who have an excellent team. However, I am concerned about the liability of the organisation in the event of any accident that is a result of neglect or failure of safety equiptment.
I am just a concerned Mum, maybe a tad over protective in situations out of my control, but does this condition prevent XXX being held liable if something happened that was their fault????
Thanks to all in advance
Jo x
Answers
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The first sentence is your protection:
Whilst XXX takes all necessary and practical precautions ...
You are signing the consent because you believe the above. If an accident does occur because they have failed in the express and implied terms in the ordinary meaning of the sentence then you would be able to sue.
There is a duty of care towards minors in their care - they cannot wiggle out of their responsibilities.
Whilst XXX takes all necessary and practical precautions ...
You are signing the consent because you believe the above. If an accident does occur because they have failed in the express and implied terms in the ordinary meaning of the sentence then you would be able to sue.
There is a duty of care towards minors in their care - they cannot wiggle out of their responsibilities.
Quote:
"A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence"
Unfair Contract Terms Act 1977 - S2(1)
http://www.statutelaw.gov.uk/legResults.aspx?L egType=All+Legislation&title=Unfair+Contract+T erms+Act+1977&searchEnacted=0&extentMatchOnly= 0&confersPower=0&blanketAmendment=0&TYPE=QS&Na vFrom=0&activeTextDocId=224526&PageNumber=1&So rtAlpha=0
Chris
"A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence"
Unfair Contract Terms Act 1977 - S2(1)
http://www.statutelaw.gov.uk/legResults.aspx?L egType=All+Legislation&title=Unfair+Contract+T erms+Act+1977&searchEnacted=0&extentMatchOnly= 0&confersPower=0&blanketAmendment=0&TYPE=QS&Na vFrom=0&activeTextDocId=224526&PageNumber=1&So rtAlpha=0
Chris
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