123 School Work

Legal Aspects of business

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  HND Busines and Finance.
  Legal Aspect of Business
  Assignment 1 Semester 2
  
  
  The Line Manager
  
  Bob hire a skip from Tidy Skips and Sid (an employee of Tidy Skips), had negligently drove the vehicle into Bob's garden causing the wall to collapse on Bob's new car.
  Tidy Skip has included an exclusion clause, which was printed on the back of the invoice:
  " Tidy skips shall not be liable for any loss for or damages howsoever caused to a customers premises and if notwithstanding the foregoing, should any liability for damage to customers property arise, that liability shall be limited to 100"
  In order to see if Bob can claim damages caused to the wall and the car, we will have to see if the exclusion clause voids or limits any claims that are put forward.
  
  The clause has to be looked at very carefully; the clause says that the company will not be liable for any loss or damages to customer premises. The second part says that they limit the liability of 100 to property.
  
  The terms of contracts can be:
       Implied Terms: This means that they may be implied by the Customs, The Courts or by Statues.
       Incorporation of Term: This means that the terms are binding into the contract and if the contract is signed and the terms have been included in the contract it cannot be disputed.
  
  As in this case the terms were included in the contract, the contract was made over the phone, but no mention of any terms. Bob also had 5 previous contracts with Tidy Skips and he should have known about the terms.
  As in the case British Crane Hire Vs Ipswich Plant Hire (1974) A company that deals in the same business and deal with a similar contracts...