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Timing of the notice must be before even the the

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Timing of the notice must be before even the the customer is aware of before the clause is relevant. 4) What does Balmain New Ferry Co v Robertson say about the use of signs to give notice of an exclusion clause? Issue of reasonable notice does not apply here, where the Appellant had previous dealings with the Respondent which made clear his knowledge and acceptance of the terms being incorporated (paying an extra fee for the wharf). "Having travelled on many occasions backward and forward by the company's boats, and, as he says, paid his fare
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to the officers at the turnstiles, he must have been aware that the company's method of conducting their business was to release the turnstiles only on payment of a penny”. 5) What is constructive notice? Somebody who sees and reads the sign has actual notice of the exclusion clause. Those who could have, but did not may have constructive notice. Constructive notice can be established by prior dealings. Two types of knowledge 1 actual notice and constructive notice. 6) What is meant by “a prior course of dealing” and how does it affect whether an exclusion clause applies? Prior dealings must be of sufficient number and be consistent for a clause to be incorporated by the courts. Previous dealings between the same contracting parties may be relevant in determining whether the exclusion clause is binding. 7) What does the case of Hollier v Rambler Motors (AMC) say about how you decide whether constructive notice has been given? There was not a sufficient number of or regularity of transactions to amount to a previous course of dealings capable of incorporating the exclusion clause. It was not reasonable to expect the claimant to remember the clause from one transaction to the next. Consequently the garage was liable to pay for the damage. 8) Explain the ‘contra proferentum’ rule in your own words. Contracts are often made between parties who do not have equal bargaining power. Because of this, courts are wary of exclusion clauses as they damage the rights of the victim of a breach of contract. Therefore, if an exclusion clause may be interpreted in more than one way, the courts interpret them contra proferentum. Counter preference to business Is used when exclusion clause is broadly drafted in a way of ambiguous to all types of availability. 9) Explain in your own words how the ‘contra proferentum rule’ was employed in the case of White v John Warwick & Co Ltd The exemption clause exempts the defendants from liability in contract, but not from liability in tort. If the plaintiff can make out his cause of action in negligence, he is entitled to do so, although the same facts also give a cause of action in contract from which the defendants are exempt.
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