UCTA problem
Robert and his wife, Lucy, decide to take dance classes at a local Salsa dance club. They used to go to ballroom dance classes at the same club some years ago. Because Salsa dancing has become so popular, they book the classes in advance. On the back of the receipt a printed clause says ?"For terms and conditions please see the notices in the club?". On the inside of the club door a large notice is pinned up. The notice reads, ?"The club will not accept responsibility for any loss suffered by customers?". At their first dance class, the dance instructor, Paul, who also owns the club, demonstrates an energetic step and falls over, knocking Robert to the ground. Robert?'s arm is broken and his Rolex watch is damaged beyond repair. When Lucy goes to the cloakroom to get her coat, she finds that the coat has been stolen. Advise Robert and Lucy. .0 Area of Law The area of law are exclusion clauses, the Unfair Contract Terms Act, 1977(hereinafter known as UCTA) and Unfair Terms in Consumer Contract Regulations, 1999 (hereinafter known as UTCCR). 2.0 Issues There are a few issues to be looked at for the case. They are:- Whether the notice and clause are incorporated into the contract? Whether UCTA and UTCCR applies? Whether Robert can claim damages on his broken arm and Rolex watch? Whether Lucy can claim damages on the stolen coat? 3.0 Application 3.1 Methods of
