Question
Is this answer the case of exclusion clause of notice and negligent involve? Question Raj was in the business of selling cakes and biscuits. The
Is this answer the case of exclusion clause of notice and negligent involve?
Question
Raj was in the business of selling cakes and biscuits. The business was good as his cakes and biscuits tasted good and were a good value for money. Samsu recently ordered 30 cakes for a business function. The cakes were to be transported to the company but the road was bumpy and the drivers drove fast. This resulted in most of the cakes being damaged and unsuitable for consumption. When Samsu enquired about the loss and a refund he was shown an exclusion clause in the contract which stated 'The Seller does not provide any form of refund for cakes or biscuits purchased. Seller is also not responsible for any damage or injury to persons upon consumption of the cakes and biscuits.' Notice
Goondu was another buyer who ordered biscuits from Raj. Goondu upon buying gave the biscuits to his girlfriend Bulbu. Bulbu had a pet dog and she fed the dog the biscuit. The dog died as a result as there were some chemicals in the biscuit that were harmful to animals.
Advise Raj as to whether he may be liable for any loss suffered by Samsu and Bulbu.
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