ACCA考试

解析:Abid regularly took his car to be s

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【分析解答题】Abid regularly took his car to be serviced at his local garage,Bust LtD、On the four previous occasions, before handing his car over to the garage,Abid had always been required to read and sign a contractual document which contained the following statement in bold red type:‘Bust Ltd accepts no responsibility for any consequential loss or injury sustained as a result of any work carried out by the company, whether as a result of negligence or otherwise.’On the most recent occasion, due to the fact that the garage was very busy when he arrived,Abid was not asked to sign the usual document. He was, however, given a receipt for the car, which he accepted without reading.Bust Ltd’s usual business terms were printed on the back of the receipt, including the statement above.On driving the car home after its service,Abid was severely injured when the car suddenly burst into flames. It subsequently emerged that the fire had been the result of the negligent work by one ofBust Ltd’s mechanics.Bust Ltd has accepted that its mechanic was negligent but denies any liability forAbid’s injuries, relying on the exclusion clause above.Required:AdviseAbid: (b) as to the possible impact of the UnfairContract TermsAct 1977 regarding any claimAbid might make againstBust Ltd in relation to his injuries. (3 marks)
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试题答案:Section 2(1) UCTA 1977 provides an absolute prohibition on exemption clauses in relation to liability in negligence resulting in death or injury. It is therefore clear that Bust Ltd cannot avoid responsibility for the injury sustained by Abid and will be liable for the injuries he suffered as a result of the negligence of their mechanic. 答案解析:暂无解析 document.getElementById("warp").style.display="none"; document.getElementById("content").style.display="block"; 查看试题解析出处>>

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