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Question 1 – By reference to case law authority distinguish between an offer and invitation to treat.

Question 2 – What is meant by remoteness of damage? Explain relevant principles and provide case law authority.

Problem Questions

QUESTION THREE

Alan frequently hires skips to remove rubbish from his business premises from Robert’s Skips. Alan has hired skips on numerous occasions from Robert Skips and on each occasion he receives an invoice after delivery of the skip. It has the following exclusion clause printed on the back of the invoice, ‘Robert’s Skips shall not be liable for any loss or damage howsoever caused to the customer’s premises.’

Alan calls Robert’s Skips and hires a skip to be delivered. This was delivered by an employee of Robert’s Skips. When delivering the skip, the employee negligently drives the delivery lorry into Alan’s wall causing it to collapse on to Alan’s new car. The wall costs £500 to rebuild and the repairs to the car cost £800.

Research exclusions clauses and UCTA 1977
Briefly describe the relevant areas of UCTA 1977 in relation to this question.
Decide whether the exclusion clause is valid and protects Robert Skips from a claim by Alan.

QUESTION FOUR

Alan is a professional lorry driver. He was driving on the motorway just after dawn one summer morning when he fell asleep. As a result, his lorry crashed into a taxi that had broken down and was parked on the hard shoulder. Fortunately the taxi driver, Bella, was not injured as she was calling for help from an emergency telephone some distance away. However, her taxi was completely destroyed. Alan was very fortunate not to be injured.

Fully research the principles of duty of care.
Briefly explain duty of care.
Decide whether Alan owed a duty of care and whether he breached that duty.

QUESTION FIVE –Trespass to the person

Adam and Mark are walking along the road, when Paul passes by on the opposite side of the road and makes a rude comment towards Adam. Adam reacts by shouting Paul but cannot cross due to the traffic. 10 minutes later Paul returns with a baseball bat and takes a swing at Adam however he misses and hits Mark instead. Adam fearing for his safety punches Mark.

Research fully on the Offences against the person.
Briefly explain the relevant offences in relation to the relevant sections and provide case law authority.
Decide whether Paul has committed any offences.

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