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Wednesday 11 July 2012

Example of exclusion clause assignment

Two examples of exclusion clause assignment have been provided in this article. There are two assignments in which the students are required to address the issues raised in respect to the exclusion clause. In the first assignment, a case is presented in which there is a tussle between Catherine and Gregory over the sale of a scooter.

Gregory and Catherine entered into a signed agreement regarding the sale of the scooter. In the agreement, it was stipulated that there was no warrantee on engines or any other part of the scooter. However, Catherine had signed the agreement without having read and understood its provisions.

Catherine claims that Gregory had assured her of the status of the scooter before she bought it. She later found that the scooter was not in good conditions as assured by the seller, and now she wants compensation. She believes that one of the terms of the contract that was signed is that the scooter was in perfect condition. However, this is not the case.

In the second assignment, students are required to discuss the case study that is provided in relation to the exclusion law. In this case study, Simon asserts that Quick Drycleaners are to blame for the loss of some of his clothes. He brought his clothes to the company, but they got lost.

Therefore, he is claiming a compensation of $1000. On the other hand, the company, which has since changed ownership, denies responsibility. Their rejection is backed by the exclusion clause that was attached on the docket given to Simon when he left his clothes for dry-cleaning.

The new owners also claim that there is always a sign at the shop that clearly indicates that the company is excluded from liability. The students are required to analyze the case studies in reference to exclusion clause aspect of the law.