Question
Beavis ordered a shipment of ceramic tiles for his home improvements business. When the shipment arrived, the manufacturer's carrier Butthead handed him a routine delivery
Beavis ordered a shipment of ceramic tiles for his home improvements business. When the shipment arrived, the manufacturer's carrier Butthead handed him a routine delivery docket. On the docket there was a clause, in fine print, excluding the manufacturer and its carrier from liability "for any damage to the goods howsoever caused arising during the course of their manufacture and/or delivery." When Butthead left the premises, Beavis discovered that a huge number of tiles were broken in a way that was consistent with careless delivery. When he complained, he was advised to refer to the clause and seek legal advice. a) What advice would you give Beavis about the relevant law applicable to the enforceability of the clause on the docket? [15 marks] 3 b) Imagine Beavis had asked about the clause and Butthead had replied: "Oh, the manufacturer takes no responsibility if the tiles are slightly discoloured for some reason." What could Beavis argue in such a case? [5 marks] c) Would your answer to b) be different if Butthead had said nothing and Beavis signed the docket without reading it? [5 marks]
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