Evaluate the accuracy of eachof the four statements A, B, C and D individually, as they
apply to the facts in the above scenario.
Statement A:The agreement of Dana and Harry to provide food to eat at Tom’s house
lacked legal intent and was not, therefore, a binding contract.
Statement B:The pizza supplier, as a commercial organisation, has legal intent and has
therefore breached a contract in not supplying the ‘free dessert’.
Statement C:There is never legal intent between friends in entering a competition.
Statement D: Pools coupons contain honourable pledge clauses and are never binding.
5 Pippa visits her local skating rink, pays to skate on entry to the rink and takes a ticket.
She has a bag with her which is too big for the lockers provided, so she hands the bag
to an attendant,Will, who takes a payment of £1 and assures Pippa that he will take good
care of the bag.
A steward skates past Pippa very fast and collides with her, causing her to fall into a
barrier and injure her mouth. Pippa is helped from the rink. She is further dismayed to
find that the attendant,Will, has given her bag to another skater.
Pippa later contacts the manager, saying that she will claim compensation for the
injury and the loss of her bag. The manager points out a large notice at the corner of
the rink, to which reference is made on the back of Pippa’s admission ticket.The notice
reads as follows:
‘The management of the skating rink will not be responsible for any injury to users
of the premises, however caused. Similarly the management will not be held responsible
for any damage to, or loss of, personal property belonging to users of the rink.’
Evaluate the accuracy of eachof the four statements A, B, C and D individually, as they
apply to the facts in the above scenario.
Statement A: Any terms in a notice in the skating rink or on Pippa’s ticket exempting
the skating rink management from liability for injury will be automatically incorporated
into the contract between Pippa and the skating rink managers.
Statement B: Any statements exempting the skating rink managers from taking care
of Pippa’s bag will be incorporated into the contract with the attendant.
Statement C: The skating rink management may not choose to exempt themselves
from liability for personal injury.
Statement D: Whether the skating rink may exempt themselves from liability for the
loss of Pippa’s bag will depend on the court’s view of it being reasonable.
6 Fola books a room, for one day, in the Hip hotel so that she and her friends can watch a
festival due to take place one Saturday in May. Fola pays a deposit of £20 on making the
booking in March, the remaining £100 to be paid on the day of the festival. The festival is
unexpectedly cancelled on the Friday before the festival, due to storm damage in the area.
Fola has also ordered a new dress for the festival from Bella's boutique. It is a
particularly unusual dress, and is being made to order, to be ready in time for the festival.
One week before the delivery date, Fola tells Bella that she will not need the dress, as
her aunt has given her a similar one.
256 Contract law