Help With Law Exams - Help with exclusion clauses needed. Thank you.

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Dec 27, 2009, 10:08am

Help With Law Exams :: General :: Law Student Forum :: Help with exclusion clauses needed. Thank you.

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Topic: Help with exclusion clauses needed. Thank you. (Read 135 times)

tom1234
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Help with exclusion clauses needed. Thank you.
« Thread Started on Jan 9, 2008, 9:51pm »

Hi everyone,
I am second year business management student who has Law as one of his modules and I’ll be lying if I say that I’m finding it easy. To cut the story short: I need some help. I need to produce an essay which will answer this problematic question:
There's a guy named Adam who’s looking to buy a swimming pool pump and filter system for his private pool. Adam approaches a manager of Aqua Ltd and informs him that he intends to build a large swimming pool. The manager recommends “Dolphin” system which is known to cope with large amounts of water. Adam signs a contract on which back terms are printed: “Aqua Ltd accepts no responsibility for personal injuries to customers or damage to customers’ property howsoever caused, nor any liability for breach of any terms implied by statute or common law”
After he installs system he discovers that it is not powerful enough to deal with the quantity of water in his pool. As a result, not all the impurities in the water are filtered out and Adam becomes seriously ill with an ear, nose and throat infection after using the pool.
In addition, the pool must now be drained and disinfected, and the pump and filter system replaced.
Aqua Ltd states that the exclusion clause excludes any liability that they might have to Adam for his illness and other losses.
(a) Advise Adam of his contractual rights.
(b) Would it make any difference if Adam were the owner of the local gym, which has a swimming pool and if he bought the pumping and filter system for use in the gym?
This is a group work and my task is to focus on finding an answer and all information that could possibly help with question b)
All help and advice is more than appreciated.
Many thanks.
PS. Have a great 2008 everyone.
Tom

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scarletrose
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Re: Help with exclusion clauses needed. Thank you.
« Reply #1 on Jun 23, 2009, 11:23pm »

You need to consider the Sale of Goods Act 1979:

http://www.e-lawresources.co.uk/Statutory-implied-terms.php

and also express terms and representations:

http://www.e-lawresources.co.uk/Contents-of-a-contract.php

In relation to the exclusion clause you first need to consider the common law position. Ie has the clause been incoporated into the contract and does it cover the loss which has occured:

http://www.e-lawresources.co.uk/Unfair-terms---regulation-by-common-law.php

In particular these cases may be useful:

http://e-lawresources.co.uk/forum/viewtopic.php?f=38&t=201

http://e-lawresources.co.uk/forum/viewtopic.php?f=38&t=209

You then need to consider the Unfair Contract Terms Act 1977:

http://www.e-lawresources.co.uk/Unfair-Terms---Regulation-by-statute.php

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