- Terms at the skating rink would be incorporated into Pippa’s contract
only if she was made aware of them before or at the point of contract.
Statement B- Statements will only be incorporated if they are brought to the other
party’s attention and do not go against the relevant legislation on unfair
terms. A statement made by an assistant may be part of a contract. - Any statement made by the attendant will form part of Pippa’s
contract.
Statement C- A notice may be put up saying that a party denies liability, but this will
still be scrutinised by the courts to see if it is incorporated and to see if
it offends statute. - Statute does not allow a party to exempt themselves from liability for
personal injury or death. - Pippa may therefore make a claim against the management for her injury.
Statement D- Exclusion of any liability other than personal injury or death will only
be allowed under statute if reasonable. - The court will therefore have the right to decide whether denial of
liability for Pippa’s bag is reasonable.
Question 6
Statement A- A contract is frustrated when it becomes impossible to perform and
neither party is at fault. It may also arise if the contract is radically
different and now has no point. - Fola’s stay at the hotel was to see a festival that was cancelled. It is not
impossible for her to stay at the hotel, but the stay is pointless. The
outcome will probably depend on whether she made the purpose of her
visit clear.
Statement B- If frustration is found, the sharing of loss follows the prodecures in the
Law Reform (Frustrated Contracts) Act. Damages are given for breach.
326 Contract lawCHAR_Z01.QXD 14/9/07 10:01 Page 326