Question Tag: Exclusion Clauses

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  • 10 Marks

BCL – May 2017 – L1 – Q1c – Contract Law

Define a ‘condition’ and ‘warranty’ in contract law, and advise on the validity of an exclusion clause in a hotel agreement.

c)

i) Define a ‘condition’ as in the law of contract. (3 marks)

ii) Define ‘warranty’ as in the law of contract. (3 marks)

iii) Keita books for a hotel facility and pays in advance. The hotelier tells him nothing more than the issue of a receipt. Keita takes occupancy of the room only to read a list of DONTS posted at the back of the door of his room. The following day he returned from breakfast in the hotel to find that his wristwatch which he left on the table of the room was missing. He spoke to the receptionist at the reception desk on the loss but they referred him to an exclusion clause on the door. He seeks your advice. Advise Keita. (4 marks)

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  • 10 Marks

BCL – Mar 2023 – L1 – Q2a – Contract Law

Discuss the applicability of exclusion clauses and essential elements of negligence in a business contract.

Mr. and Mrs. Michel booked in for a week’s stay at a Hotel De-Horses. There was a notice in the bedroom which stated that “the proprietors will not be responsible for articles lost or stolen unless handed to the manageress for safe custody.” A stranger gained access to the room of the Michels and stole Mrs. Michel’s wedding ring and ornaments. The owners of the hotel have denied being liable. The Michels have decided to take action against the hotel.

Required:
i) Explain whether Management of the Hotel De-Horses can rely on the concept of exclusion clauses in business contracts to defend itself.
(4 marks)

ii) Assuming that the stranger gained access because the Michels did not lock their door, identify THREE (3) essential elements of negligence that must be proven by Management of Hotel De-Horses.
(6 marks)

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  • 10 Marks

BCL – May 2017 – L1 – Q1c – Contract Law

Define a ‘condition’ and ‘warranty’ in contract law, and advise on the validity of an exclusion clause in a hotel agreement.

c)

i) Define a ‘condition’ as in the law of contract. (3 marks)

ii) Define ‘warranty’ as in the law of contract. (3 marks)

iii) Keita books for a hotel facility and pays in advance. The hotelier tells him nothing more than the issue of a receipt. Keita takes occupancy of the room only to read a list of DONTS posted at the back of the door of his room. The following day he returned from breakfast in the hotel to find that his wristwatch which he left on the table of the room was missing. He spoke to the receptionist at the reception desk on the loss but they referred him to an exclusion clause on the door. He seeks your advice. Advise Keita. (4 marks)

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  • 10 Marks

BCL – Mar 2023 – L1 – Q2a – Contract Law

Discuss the applicability of exclusion clauses and essential elements of negligence in a business contract.

Mr. and Mrs. Michel booked in for a week’s stay at a Hotel De-Horses. There was a notice in the bedroom which stated that “the proprietors will not be responsible for articles lost or stolen unless handed to the manageress for safe custody.” A stranger gained access to the room of the Michels and stole Mrs. Michel’s wedding ring and ornaments. The owners of the hotel have denied being liable. The Michels have decided to take action against the hotel.

Required:
i) Explain whether Management of the Hotel De-Horses can rely on the concept of exclusion clauses in business contracts to defend itself.
(4 marks)

ii) Assuming that the stranger gained access because the Michels did not lock their door, identify THREE (3) essential elements of negligence that must be proven by Management of Hotel De-Horses.
(6 marks)

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