Contract Law - Non-Assessed Course Work.

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Evelyn Lee

Group 36 Ms Clare Johnston

LW 1021 Contract Law

Non-Assessed Course Work (Question 1)

It must be established, firstly, in the case as shown in the question, that there must be a contract between the two parties, namely the Salsa dance club and Robert and his wife Lucy since there is the observable fact of an agreement, sufficient consideration and the intention to create legal relations. Upon establishing the presence of the contract, the terms of the contract will then be considered. In this case, there is the presence of an exclusion clause within the contractual document which will be looked into in greater detail.

An exclusion clause is one which is used in many contracts to allow parties to allocate risk between them in order that they can plan and insure against those risks. Under the exclusion clause, one party is able to exclude liability for the breach of contract. Koffman and Macdonald identified 3 basic concepts to be considered when looking at exclusion clauses: the incorporation of clause into the contract, the construction of terms and the effect of legislation on the clause (Koffman and Macdonald, The Law of Contract