EXEMPTION CLAUSES ( contract ) Essay Example | Topics and Well Written Essays - 1500 words

EXEMPTION CLAUSES ( contract ) - Essay ExampleIt quickly became clear that the simple machine is seriously defective and that it will cost at least deoxycytidine monophosphate0 to deal with the problems. doubting Thomas Co always offer to those who buy cars from them, the opportunity to purchase a service contract covering part and labour on the car purchased for 2 years. Smith Co have always declined such offers from Thomas Co.The conclusion of this paper is meant to give advice to Smith Co., hence, the important issue here is whether or not Thomas Company could be held liable for the damage in excess of the 100 on defective car purchased by Smith Co. considering the presence of the limitation of the liability as indicated in the contract. To settle this main issue I may use the three tests and they atomic number 18 incorporation, construction and UCTA.To determine whether the provision of the contract containing the article Thomas Co limits its liability for any breach of the terms implied by ss13-15 of the Sale of Goods Act 1979 to 100 would be deemed incorporated or part of the contract and therefore should bind the parties in the contract, there is a need to examine the facts if they are consistent on the present status of the law.Case facts tell us that Smith Co has made a number of similar purchases of cars from Thomas Co in the past. Although normally, Thomas Co asks its customers to sign its standard terms, containing the standard clause of limiting liability, the case at bar, the purchase by Smith Co was agreed over the shout out and Smith Co were never asked to sign the standard terms. Hence the logical issue is Was the verbal agreement made orally a continuation of preliminary transactions of Smith Co with Thomas Co. where there was the limiting clause? Can we imply that Smith Co. should be covered by the standard clause of limited liability considering that it is the practice of Thomas to ask its customers to sign its standard terms?It is ma y be argued that the purchase made