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

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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. For the exclusion clause to take effect it must have been incorporated. To incorporate an exclusion clause, it must be incorporated before the contract has concluded. (Olley v Malborough Court Hotel) Any clause introduced after the contract has been concluded would not be incorporated. Hence in this case, the Exclusion clause was displayed next to the office window, and was introduced before the skaters had bought the ticket, making it part of the contract.

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It must also be in a place where there is a reasonable notice. It was held in Parker v South Eastern Railway Co that the defendant had to take reasonable steps to ensure that the exclusion clause is brought to the attention of the claimant. In this case, the owner can claim that he had effectively done so, by placing it not only on a sign but also on the ticket. However, the more onerous clause, the more the defendant would require to draw it to the claimant’s attention.

There must also be a need for a contractual document. The ...

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