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LAW 8500 Commercial and Corporation Law

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Added on  2020-05-11

LAW 8500 Commercial and Corporation Law

   Added on 2020-05-11

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Running head: COMMERCIAL AND CORPORATION LAWCommercial and Corporation LawName of the StudentName of the UniversityAuthor Note
LAW 8500 Commercial and Corporation Law_1
1COMMERCIAL AND CORPORATION LAWIssue:The issue in this case is related to the fact that whether Marcus is entitled to get his lossescovered by the Park Safe.Law:The exclusion clause is the main essential of law of contract which excludes one of theparties to the contract from liability for a breach of contract (Ayres and Schwartz 2014). In thisregard, it is noteworthy to mention here that, the party can rely upon the exclusion clause only ifsuch clause has been clearly incorporated in the contract. Therefore, in order to rely upon theexclusion clause it is important to provide reasonable evidence about the existence of theexclusion clause in the contract (Stone and Devenney 2017). The exclusion clause is included inthe contract by notice, signature and course of dealing. In Curtis V Chemical Cleaning Co[1951] 1 KB 805 it was observed that the wedding dress of the plaintiff was stained by thecleaners (defendants). It was observed that the plaintiff was given a receipt which contained anexclusion clause stating that the cleaners won’t be liable for any damage. However the Courtheld that the cleaners could not escape liability as the defendants misrepresented the scope of theexclusion clause.Similarly it is important that the exclusion clause has to be brought to the notice of theparty. The exclusion clause should be present in such a manner so that it is clearly noticeable.However, it is important that such exclusion clause should be brought to the attention of theother party at the time of formation of the contract. In Thornton V Shoe Lane Parking [1971] 1All ER 686 it was observed that when the plaintiff kept his car into the car park of the defendant,he was given a ticket. The ticket contained certain conditions which stated that the owners of the
LAW 8500 Commercial and Corporation Law_2

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