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8 Pages • Essays / Projects • Year: Pre-2021
This assignment focuses on the enforceability of the exclusion clause. A summary of the case is as follow: Vincent (“V”) has been purchasing paint from Claude (“C”), a local paint manufacturer, regularly over the past two years. Recently, V has purchased 100 cans of paint from C. Of those, 10 cans were of poor quality and a loss of $20,000 incurred as compensation for V’s client. An additional loss of $40,000 for the damaged art works incurred as a result of the explosion of other 40 cans, which were deliberately tampered by Pablo (“P”), an employee of C who held personal grievance against V. V has failed to claim for financial losses arising from the faulty goods purchased from C, who relied on the exclusion clause which excludes C’s liability for any loss or damage caused by the paint. This exemption clause was presented on the receipt and on a small sign on C’s sales counter.
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