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Exclusion Clauses Scenario Question -an exclusion clause said ice skaters skate at their own risk.

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Introduction

4. Professional Ice Skaters train REGULARLY . Negligence personal injury. Exclusion clause said not responsible for loss or injury sustained by users of the rink. On the ticket office and also on the back of the ticket. Was owners liable for skater?s lost income? It is obvious that the negligence of the cleaners have led to the injuries suffered by Tatiana and Igor. The main issue is whether the owners can limit or restrict their liabilities by relying on the exclusion clause displayed. It is clear that the cleaners have been negligent by leaving the machinery on ice, hence the owners ought to be vicariously liable for their acts. An exclusion clause Is a clause that aims to limit their liability. In this case, the exclusion clause aims to limit negligent performance, when a duty of care is owed by the owners under Occupier?s Liability Act 1957. ...read more.

Middle

There must also be a need for a contractual document. The exclusion clause must be contained in something which can be regarded as a contractual document. In this case, the owner would rely on the ticket which includes the exclusion clauses. In Chapelton v Barry, the plaintiff wished to hire a deck chair. He received a receipt which excluded liability for damage and personal injury. The receipt had come too late, and it was not a document which the customer would expect to find contractual terms, hence it was not incorporated. In this case , the exclusion clause on the ticket had come too late. It came after the skaters had pay the fee and was not a document which one would expect to find such contractual terms. It is most likely the case that the exclusion clause is not incorporated on the ticket. ...read more.

Conclusion

As these arise due to the negligence of the cleaner, the exclusion clause must be sufficiently clear to exempt such liability. In White v John Warrick v Sons, there was a clause that the owner relied on to exempt liability for personal injury caused by negligence. It was ambiguous hence the contra proferentum rule applied. In this case, only clauses which expressly referred to negligence will allow the party to avoid liability for negligence if the clause could not be interpreted as referring to other kinds of liability. Hence it could be said that the exclusion clause in the ice rink had not been clear enough and the owner cannot rely on it to exempt liability for personal injury. The clause will thn be interpreted in favour of Tatiana and Igor. Assuming that the exclusion clause has been incorporated due to previous course of dealings, the UCTA would negate its effect. The owners would ultimately be liable to compensate the skaters. The owners should pay the 50000 of loss of income to the skaters. ...read more.

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