‘These premises are not staffed by our employees and may be dangerous. Clients use these facilities strictly at their own risk and Bash Ltd accept no liability whatsoever for any damage or injury sustained by either those using this facility or their vehicles or property, no matter how caused.’
Andy was aware of the sign, but had never paid much attention to it. However, one day he returned to his car to fi nd that it had been badly damaged by a towing vehicle driven by an employee of Bash Ltd. Whilst on his way to the car park offi ce to complain he was hit by the same towing vehicle, which was clearly being driven dangerously by one of Bash Ltd’s employees. As a result, not only was his car severely damaged, but he suffered a broken leg and was off work for eight weeks.
Bash Ltd has accepted that its employee was negligent on both counts but denies any liability, relying on the exclusion clause.
Required:
On the understanding that the clause excluding Bash Ltd’s liability was incorporated into its contract with Andy,advise Andy whether there is any action he can take against Bash Ltd.(10 marks)