Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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

  1. 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:

  1. Whether Sammy can sue you for breach of contract (not negligence)(note: consider s60 of the Australian Consumer Law);
  2. 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.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Cox Bok And Gormans Labor Law

Authors: Matthew Finkin, Timothy Glynn

17th Edition

1684679818, 978-1684679812

More Books

Students also viewed these Law questions

Question

Bavarian Chocolate Company

Answered: 1 week ago