Note the supervisory role of the Director-General of Fair Trading.
For reasonableness in limitation clauses see Photo Production v
Securicor and Ailsa Craig Fishing Co v Malvern Fishing Co and Securicor.
Questions
1 Kelly, a painter, visits NewArt gallery and leaves her coat at a cloakroom where she pays
a fee and is given a receipt.
While Kelly is walking around one of the exhibition rooms an attendant who is moving
some paintings accidentally knocks over a ladder which hits Kelly, causing her considerable
injury.The attendant apologises to Kelly, but points to a sign at the entrance which states,
‘NewArt gallery takes no responsibility for injury to visitors however caused’.
When Kelly returns to the cloakroom to collect her coat she finds that it has been
given to someone else. The cloakroom assistant points out a statement on Kelly’s
receipt which reads, ‘NewArt gallery takes no responsibility for loss or theft of items,
however this may arise’.
Discuss any potential claims that Kelly may have against New Art Gallery.
OCR 2007
2 Alison visits Bestever Theme Park and, wishing to spend some time on rides, leaves her
coat at a cloakroom where she pays a fee and is handed a receipt. While Alison is
queuing for a ride, a park attendant, Callum, driving a small vehicle collides with her,
causing injury to her shoulder and leg. Callum apologises on behalf of the Park, but
points to a sign at the entrance which states, ‘Bestever Theme Park takes no
responsibility for injury to visitors however caused’. Alison decides to leave the Park,
but when she returns to collect her coat she finds that it has been given to the wrong
person.The assistant, Dana, points out a statement on her receipt which reads,‘All items
are left at owner’s risk. Bestever Theme Park takes no responsibility for loss or theft of
items, however this may arise’. Advise Alison whether she may make a claim against
Bestever Theme Park concerning her injury and the loss of her coat.
OCR 4-module specimen paper
3 Critically examine the process by which the court decides whether an exemption clause
is valid.
4 ‘The amount of legislation concerning exemption clauses renders the common law
principles of little use.’
Consider the accuracy of this statement.5 ‘Exemption clauses are now outlawed’.
Discuss whether this claim is accurate.6 Does the current state of the law on exemption clauses now afford a consumer
satisfactory protection against exploitation?
A further ‘dilemma’ style question on exemption clauses can be found in Part 7 of the book.
Exemption clauses 131