Suncosta blend in
[1] Since Suncosta specialise in extreme sports they would like to limit their obligation in event that one of their clients sustains an injury. However Under the foul Contract Terms Act of 1977 indebtedness for negligence resulting in death or personal injury hindquartersnot be excluded or restricted by contract. This is under section 2(1) of the act.
As in the wooing with BANKERS INSURANCE CO LTD v (1) PATRICK SOUTH (2) MARK IAN GARDNER (2003)
The initiative defendants underwriters were not liable to pay wrongs for injuries caused to the second defendant as a result of a Jet ski collision between the parties. The exclusion of injury caused by a jet ski would have been understood by every reasonable insured person that taken the trouble to lease the policy and was unaffected by the unfair terms in consumer contract regulation 1994.
However they exclude or restrict liability for other loss or damage resulting from negligence solo if the exclusion clause satisfies the test of reasonableness. Which is also said in the Unfair contract Terms Act of 1977.
In the Package Travel Regulations 1992 it is also said in part 15(3) and (4) that you cannot limit your liability limit for death or personal injury.
However you can limit liability for other loss or damage resulting from the non-performance or improper performance of the services involved in the package provided that limitation is not unreasonable. For example in the oddball of BALRAM SINGH v LIBRA HOLIDAYS LTD (2003)2. A holiday churchman who was severely injure when he dived into the shallow end of a hotel swimming puss whilst under the influence of alcohol failed to establish that the tour operator was responsible for the accident since it was due to negligence of the holiday maker since there were warning signs...
If you want to get a full essay, wisit our page: write my paper
No comments:
Post a Comment