Salsa Dancing Essay

1400 Words 6 Pages
Salsa Dancing Robert and his wife, Lucy, decide to take dance classes at a local Salsa dance club. They used to go to ballroom dance classes at the same club some years ago. Because Salsa dancing has become so popular, they book the classes in advance. On the back of the receipt a printed clause says “For terms and conditions please see notices in the club”. On the inside of the club door a large notice is pinned up. The notice reads, “The club will not accept responsibility for any loss suffered by customers”. At their first dance class, the dance instructor, Paul, who also owns the club, demonstrates an energetic step and falls over, knocking Robert to the …show more content…
It was the dance club who then attempted to include a clause excluding their liability for loss. At no point up to the signing of the contract had Lucy been made aware of these additional conditions the club wished to impose within the contract. Lucy hadn’t been given sufficient notice of the terms and consequently the clause doesn’t pass the rule for incorporation and doesn’t form part of the contract Lucy has with the club. She is in a strong position to claim against the club on this basis. To analyse the validity of this, Lucy’s position can be compared to that of Mrs. Olley in the case of Olley v Marlborough Court Ltd. Mrs Olley made a contract to stay in a hotel, the contract made at the reception desk on arrival. Mrs.Olley was taken to her room which inside had a sign purporting to exclude the hotel’s liability for theft of guests’ property. Mrs. Olley returned to her room one day to discover her coat had been stolen through the hotels negligence, and sought to claim loss from the hotel, who attempted to rely on its exemption clause to exclude liability. The Court of Appeal held the clause in the bedroom couldn’t form part of the contract because the contract had been made at the reception desk before there was an opportunity to see the sign.

This case which would possibly act as a precedent if Lucy’s claim was taken to court, identifies if terms aren’t brought
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