FLSB-Topic 2-Discussion question-Exemption clause & mispresentation

FLSB-Topic 2-Discussion question-Exemption clause & mispresentation

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FLSB -Topic 2 -Hong Kong Legal System-Discussion Question Exemption Clause Mrs. Chan went to the supermarket to buy some milk. When she approached the shelves, there was milk on the floor. She stepped on it and fell over. As a result, her hands were badly injured and her glasses were damaged as well. She then instructed her lawyer to sue the supermarket but it relied on the notice posted at the entrance which stated: “Customers should be solely responsible for their own safety and personal property upon entering into the supermarket and the supermarket will not be responsible for any damage regardless of the liability involved.” Advise Mrs. Chan. Issue: Whether Mrs. Chan can challenge the validity of the exemption clause Principle: Common Law control – Unsigned situation. Timing, Statutory control, personal injury and death. Application: This is unsigned situation in this case. According to the common law, the supermarket should notice customers in acceptable steps, Notice is posted at the entrance, which is before the conclusion of the contract. Customer if they think that the clause is not good, he/she can switch to other shop. So, it is a part of the contract. Mr. Chan claims that her hands were badly injured and her glasses were damaged. Statutory control S7(1) CECO stated that the clause will be void for personal injury and death, the company has be responsible for the personal injury. But regarding to the glasses damages, Statutory control S7(2) CECO stated that reasonable test
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for property damage. But in fact, the clause “Customers should be
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