Question
Woody's Tables and Chairs (WTC) is a furniture manufacturer and retailer and they have a number of retail shops in Singapore. Desmond went to one
Woody's Tables and Chairs ("WTC") is a furniture manufacturer and retailer and they have a number of retail shops in Singapore.
Desmond went to one of the retail shops of WTC and saw that some plywood chairs were on sale. He wanted to buy four chairs. Before Desmond made payment, the cashier brought the following clauses (which were printed on the sales invoice as part of a list of standard terms and conditions) to the attention of Desmond:
"14. The customer must check the products carefully before taking them out of the store.
15. Woody's Tables and Chairs will not be responsible for any injury, property damage or other losses that arise in connection with the use of our products."
When Desmond voiced his concerns about these clauses, and in particular Clause 15, the cashier told Desmond, "Don't worry, we won't need to refer to Clause 15 for your purchase!" The cashier then offered Desmond a further discount, and Desmond proceeded to buy the chairs. Unfortunately, after Desmond brought the chairs home and used them, one of the chairs broke causing Desmond to suffer a fall and fracture his hip. Desmond's watch was also damaged in the process. Desmond consulted an independent furniture expert who found that WTC was negligent in allowing poor quality plywood to be used in the manufacture of these chairs.
Apply the legal rules under the four (4) points relating to the enforceability of an exemption clause to analyse whether the exemption clause is valid and enforceable against Desmond in relation to (i) his hip injury, and (ii) the damage to his watch.
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