Question
Your standard client contract, which is available on your website, and to which clients must click 'I agree,' contains an exclusion clause which states (the
- Your standard client contract, which is available on your website, and to which clients must click 'I agree,' contains an exclusion clause which states (the client) agrees:
"that I will not sue the business in relation to any injury or loss arising out of my receiving a hair cut."
Sammy injured his head during a hair cut with one of your casual hair dressers. Sammy was hospitalised and required surgery. The hair dresser had no relevant hair dressing qualification or training and did not respond when Sammy advised his head had been cut during the hair cut and was bleeding. A careful and skilled hair dresser would have told Sammy to go to the doctor straight away. Had the hair dresser done this, Sammy would not have been hospitalised or required surgery. Sammy is demanding compensation. Are you liable to pay this? In your answer address:
- Whether Sammy can sue you for breach of contract (not negligence)(note: consider s60 of the Australian Consumer Law);
- Whether the exclusion clause in the client contract will protect you from being sued (note: consider s64 of the Australian Consumer Law);
Whether you think the law adequately protects consumers in this situation.
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