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Damian is a wealthy businessman who lives in Alausa and wishes to have his furniture transported to his new house in Banana Island, he entered

Damian is a wealthy businessman who lives in Alausa and wishes to have his furniture

transported to his new house in Banana Island, he entered into a contract with

Olamide. During the course of negotiations, Damian had requested that Olamide undertakes

the journey through Third Mainland Bridge and Olamide promised to do so. Olamide is self-employed and offered a price substantially lower than any other transportation firm because

he offered no insurance cover and the contract between them provided that "no liability is

accepted for any damage, howsoever caused to goods during the course of transit." Olamide

expected that Damian will use his existing insurance or take out special insurance cover to

protect his property whilst in transit. During the course of transit, Olamide decided to pass

through Ikorodu road, in the belief that it will be a shorter journey. Unfortunately, OPC thugs

set up a roadblock on Ikorodu road and destroyed many cars indiscriminately. Olamide's

truck was attacked and all Damian's property was destroyed. Discuss.

b. Would your answer be different if the contract had provided that "no liability is

accepted for losses due to the carrier's negligence"?

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