ACCA考试

【分析解答题】Whilst at workAndy always parked his car in a car park operated byBash LtD、On the entry to the car park just in front of the payment machine there is a large sign in fl uorescent red paint which states:‘These premises are not staffed by our employees and may be dangerous.Clients use these facilities strictly at their own risk andBash 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 find that it had been badly damaged by a towing vehicle driven by an employee ofBash 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 ofBash 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 excludingBash Ltd’s liability was incorporated into its contract withAndy,adviseAndy whether there is any action he can take againstBash LtD、(10 marks)
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