Hammer regularly took his car to be serviced at his local garage, Vanilla Ice Limited. On several occasions before handing his car over to the garage, Vanilla Ice always require Hammer to read and sign a contractual document which contained the following statement in big bold red font; Vanilla Ice 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.

During the most recent visit to the garage, Vanilla Ice was very busy when Hammer arrived, and because of that fact, Hammer was not asked to sign the usual document. However, he was given a receipt for his car, which he accepted without reading. Vanilla Ices usual business terms were printed on the back of the receipt in red, including the said contractual term stated above.

On his way home after servicing, Hammer was severely injured when the car suddenly burst into flames. Consequently, the fire was a result of the negligent work done by one of Vanilla Ices mechanic. Vanilla Ice accepted that his mechanic was negligent, but denies any liability for Hammers injuries, relying on the exclusion clause above.

Advise Hammer on whether the exclusion clause was incorporated into his contract with Vanilla Ice Ltd.You are required to use the DIRAC model to answer all problem questions.